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					                    PRESERVATION
                        LAW
                     REPORTER
             VOL. 22                     MASTER INDEX                                2004


                                                      ■

                            SUBJECT INDEX: A-L
                        A                                   shipwrecks, 20 PLR 1064 (2001)
                                                          Seventh circuit remands shipwreck case for
ABANDONED SHIPWRECK ACT                                      finding on constitutionality of Abandoned
(See also MARITIME/ADMIRALTY LAW and                         Shipwreck Act, 10 PLR 1155 (1991)
SUBMERGED LANDS ACT)                                      Seventh circuit rules judgment against state is
Abandoned Shipwreck Act of 1987 enacted, 7                   barred by eleventh amendment in shipwreck
    PLR 1001 (1988)                                          proceeding, 11 PLR 1109 (1992)
Court rules California does not have "colorable           Seventh Circuit upholds constitutionality of
    claim" to shipwreck under Abandoned Ship-                Abandoned Shipwreck Act, 13 PLR 1081
    wreck Act or state law, 14 PLR 1096 (1995)               (1994)
Federal district court rules Michigan has "color-         Sixth circuit affirms Michigan's claim to historic
    able claim" to abandoned shipwreck, 14 PLR               shipwreck, 16 PLR 1038 (1997)
    1192 (1995)                                           Supreme Court allows recourse against states
Federal district court upholds constitutionality of          that fail to provide physical access to courts
    Abandoned Shipwreck Act, 13 PLR 1157                     under ADA, 22 PLR 1025 (2004)
    (1994)                                                U.S. Supreme Court rules Eleventh Amendment
Illinois appellate court upholds state claim to The          does not bar federal court jurisdiction in the
    Lady Elgin under the Abandoned Shipwreck                 Brother Jonathan case, 17 PLR 1103 (1998)
    Act, 17 PLR 1117 (1998)
Illinois Supreme Court rejects state’s claim to           LEGISLATION
    The Lady Elgin, 18 PLR 1101 (1999)                    Federal legislation to protect historic shipwrecks
Ninth Circuit rules California failed to establish          proposed, 2 PLR 1050 (1983)
    colorable claim to Brother Jonathan, 15 PLR
    1159 (1996)                                           ACCESS BOARD, U.S.
On remand, district court finds Abandoned                 Access Board revises ADA Guidelines, 22 PLR
    Shipwreck Act constitutional, 12 PLR 1001               1034 (2004)
    (1993)                                                ACCESSIBILITY (See AMERICANS WITH
PRESERVATION LAW SUMMARY: Aban-                           DISABILITIES ACT; ARCHITECTURAL
    doned Shipwrecks Under the ASA, 20 PLR                BARRIERS ACT and HANDICAPPED
    1059 (2001)                                           ACCESSIBILITY)
Recent court decisions involving historic
                                                          ADMINISTRATIVE LAW (See COURTS
                                                          AND PROCEDURE and individual agencies)




                      National Trust for Historic Preservation
                                                      of agreement, 2 PLR 3015 (1983)
ADVISORY COUNCIL ON HISTORIC                       Army Corps of Engineers proposes to replace its
PRESERVATION (See also NATIONAL                       Section 106 compliance procedures in pro-
HISTORIC PRESERVATION ACT,                            posed rulemaking, 3 PLR 1033 (1984)
SECTION 106)                                       Challenges to BLM’s compliance with federal
Administration’s 1985 budget recommends zero          preservation laws produce mixed results, 22
  funding for states and National Trust, 3 PLR        PLR 1019 (2004)
  1014 (1984)                                      Congress plans legislative amendment to end
Advisory Council approves draft of Section 106        Advisory Council regulations controversy, 4
  regulations, now pending approval by OMB, 4         PLR 1046 (1985)
  PLR 1078 (1985)                                  Corps of Engineers rebuffed by Advisory Coun-
Advisory Council issues “anticipatory demoli-         cil on Historic Preservation, 1 PLR 1058
  tion” policy statement, 6 PLR 1038 (1987)           (1982)
Advisory Council issues draft revisions to pro-    Council holds public hearing on increasingly
  posed regulations governing Section 106 re-         controversial proposed annex to federal court-
  view, 14 PLR 1218 (1995)                            house in Charleston, S.C., 3 PLR 1016 (1984)
Advisory Council issues interim guidance on        Council regulations under renewed attack, 3 PLR
  “No Historic Properties Affected” and “No           1016 (1984)
  Adverse Effects” determinations, 20 PLR          Court holds federal agency’s denial of approval
  1212 (2001)                                         to photograph USS Monitor is not subject to
Advisory Council issues new proposed revisions        Advisory Council review, 7 PLR 2028 (1988)
  to Section 106 regulations, 15 PLR 1180          D.C. Circuit concludes that it lacks appellate
  (1996)                                              jurisdiction in cell tower case, 22 PLR 1021
Advisory Council issues new Section 106 regula-       (2004)
  tions, 18 PLR 1088 (1999)                        D.C. Circuit rules Section 106 does not apply to
Advisory Council issues proposed new regula-          federally-delegated state permits, 21 PLR
  tions, 4 PLR 1097 (1985)                            1188 (2002-3)
Advisory Council on Historic Preservation estab-   Federal district court upholds Advisory Coun-
  lishes telecommunications working group, 19         cil’s authority to impose binding Section 106
  PLR 1043 (2000)                                     procedures; strikes down two provisions regu-
Advisory Council on Historic Preservation pub-        lating “substance” of process, 20 PLR 1178
  lishes final regulation, 5 PLR 1031 (1986)          (2001)
Advisory Council on Historic Preservation reau-    Federal district judge rules Army Corps violates
  thorized, 3 PLR 1059 (1984)                         Section 106; Disagrees with National Mining
Advisory Council on Historic Preservation:            court that certain ACHP regulations are
  regulations update, 1 PLR 1041 (1982)               unlawfully substantive, 21 PLR (2002-3)
Advisory Council on Historic Preservation re-      Historic preservation requirements of the UDAG
  vised regulations approved, 1 PLR 1057              program (regulations issued), 1 PLR 1003
  (1982)                                              (1982)
Advisory Council on Historic Preservation to       Interior Department proposed land protection
  consider revised regulations, 4 PLR 1008            guidelines for National Park units (ACHP
  (1985)                                              consultation), 2 PLR 1022 (1983)
Advisory Council proposes revisions to Section      LAW SUMMARY: Five-Step Summary of the
  106 regulations, 13 PLR 1163 (1994)                 Advisory Council’s Section 106 Procedures,
Advisory Council publishes revised Section 106        18 PLR 1092 (1999)
  regulations, 19 PLR 1223 (2000)                  Lease and exchange of historic properties by the
Advisory Council publishes special report on          National Park Service (programmatic agree-
  federal historic preservation case law, 4 PLR       ment) 1 PLR 1043 (1982)
  1085 (1985)                                      National historic landmark protection (Section
Advisory Council refers Presidential Parkway          110(f)), 1 PLR 1050 (1982)
  dispute to CEQ for comment, 3 PLR 1048           National Trust for Historic Preservation v. U.S.
  (1984)                                              Army Corps of Engineers (ACHP deference
Advisory Council revises Federal Historic Pres-       and Section 106 compliance), 1 PLR 3001
  ervation Case Law, 16 PLR 1047 (1997)               (1983)
Advisory Council revising § 106 regulations, 1     New chair and three new members appointed to
  PLR 1012 (1982)                                     Advisory Council, 4 PLR 1080 (1985)
Advisory Council suspends certain regulations, 1   Omnibus housing legislation contains large fund-
  PLR 1042 (1982)                                     ing for rehabilitation (ACHP consultation), 3
Advisory Council votes on Long Beach Freeway          PLR 1001 (1984)
  completion, 4 PLR 1008 (1985)                    Postal Service installation of clustered freestand-
Alleged political pressure to enter memorandum        ing mailboxes subject to National Historic

22 PLR 2002                  Preservation Law Reporter                                 Master Index
   Preservation Act, 3 PLR 1027 (1984)              New State enabling legislation for local preserva-
Recent litigation and legislation, 1 PLR 2030         tion commissions, 3 PLR 1039 (1984)
   (1982)                                           Religious protection laws considered on Capitol
Section 106 regulations revised, 22 PLR 1032          Hill and by several state legislatures, 1124
   (2004)
Stay lifted by Supreme Court; two Broadway          ALASKA
   theaters demolished (MOA), 1 PLR 1034            Alaska Supreme Court finds state review of
   (1982)                                             archaeological resources inadequate in sale of
Survey of recent litigation under Section 106, 1      oil and gas leases, 12 PLR 1035 (1993)
   PLR 2030 (1982)                                  Chilkat Indian Village v. Johnson (Indian tribe
Section 106 training sessions, 4 PLR 1039             does not have private cause of action under
   (1985)                                             federal statute prohibiting theft of Indian arti-
Section 106 regulations remain stalled, 2 PLR         facts), 8 PLR 3034 (1989)
   1011 (1983)                                      Courts play a critical role in enforcing environ-
Update on Section 106 Regulations, 5 PLR 1014         mental laws affecting historic resources (Ton-
   (1986)                                             gass Conservation Society v. Cheney), 9 PLR
                                                      1068 (1990)
ADMIRALTY LAW (See ABANDONED                        Historic preservation and zoning laws working in
SHIPWRECK ACT and                                     tandem, 19 PLR 1093 (2000)
MARITIME/ADMIRALTY LAW)                             Ninth Circuit upholds U.S. Forest Service’s
                                                      approval of Alaskan timber sales under
AESTHETIC REGULATION (See DESIGN                      NHPA, 18 PLR 1140 (1999)
REVIEW ORDINANCES; HISTORIC
PRESERVATION ORDINANCES and LAND                    AMERICAN CONSERVATION CORPS
USE REGULATION)                                     American Conservation Corps established, 3
                                                      PLR 1060 (1984)
AFFORDABLE HOUSING (See HOUSING)                    Legislation reintroduced on historic shipwrecks,
                                                      Olmstead parks and American Conservation
ALABAMA                                               Corps, 4 PLR 1058 (1985)
Alabama and Illinois prohibit burdening the free    Reagan vetoes American Conservation Corps, 4
  exercise of religion, 17 PLR 1241 (1998)            PLR 1023 (1985)
Alabama appeals court finds Mobile sign ordi-
  nance unconstitutionally vague, 18 PLR 1039       AMERICAN INDIAN RELIGIOUS
  (1998)                                            FREEDOM ACT (See also NATIVE
Alabama revises enabling legislation, 8 PLR         AMERICAN SITES and NATIVE
  1018 (1989)                                       AMERICAN GRAVE PROTECTION AND
Alabama Supreme Court rules tax exempt bonds        REPATRIATION ACT)
  for suburban shopping center are null and         Colorado River Indians bring suit against Army
  void, 12 PLR 1044 (1993)                            Corps of Engineers over bank stabilization
Coalition Against a Raised Expressway, Inc.           permit, 3 PLR 1017 (1984)
  (CARE) v. Dole (Mobile, Ala. federal court        New Mexico Navajo Ranchers Ass’n v. Interstate
  applies constructive use doctrine under section     Commerce Comm’n (D.C. circuit finds Inter-
  4(f) to stop elevated downtown waterfront           state Commerce Commission's decision to
  highway), 5 PLR 3030 (1986)                         permit construction of railroad in Navajo
Coalition Against a Raised Expressway, Inc.           lands is consistent with Section 106), 7 PLR
  (CARE) v. Dole (U.S. Court of Appeals up-           2015 (1988)
  holds constructive use doctrine under Section
  4(f) to halt elevated downtown highway in         AMERICANS WITH DISABILITIES ACT
  Mobile, Alabama), 7 PLR 2018 (1988)               (See also ARCHITECTURAL BARRIERS
Committee to Save the Fox Building v. Birming-      ACT, HANDICAPPED ACCESS)
  ham Branch of Federal Reserve Bank (uphold-       Access Board revises ADA Guidelines, 22 PLR
  ing demolition of bank building under NEPA           1034 (2004)
  and NHPA), 1 PLR 3102 (1982)                      ARTICLE: David H. Battaglia, "Americans with
Mobile adopts interim demolition moratorium, 7         Disabilities Act: Its Impact on Historic Build-
  PLR 1026 (1988)                                      ings and Structures," 10 PLR 1169 (1991)
Mobile, Ala., commissioners vote to reject ele-     Construction of access ramps to historic com-
  vated highway plan, 4 PLR 1066 (1985)                mercial buildings in Washington, D.C. historic
National Trust joins lawsuit in Mobile, Ala., to       district ruled not mandated by ADA, 13 PLR
  stop elevated freeway, 4 PLR 1032 (1985)             1013 (1994)
Neighborhood Dev. Corp. v. Advisory Council         New Jersey court invalidates handicapped access
  on Historic Preservation, 1 PLR 2008 (1982)          rule, 11 PLR 1065 (1992)

Master Index                  Preservation Law Reporter                                 22 PLR 2003
Seminar on Americans with Disabilities Act, 11       Tenth Circuit upholds record sentencing in
  PLR 1138 (1992)                                      ARPA case, 16 PLR 1147 (1997)

ANTIQUITIES ACT OF 1906                              ARCHAEOLOGY (See also
ARTICLE: Jonathan P. Rak, “Federal Protection        ARCHEOLOGICAL AND HISTORIC
  of America’s Archeological Resources,” 5           PRESERVATION ACT; ARCHEOLOGICAL
  PLR 2001 (1986)                                    RESOURCES PROTECTION ACT OF 1979,
                                                     and individual state laws)
ANTITRUST CLAIMS
Appeals court rejects antitrust challenge to dona-   ARTICLES
  tion of land and easements with mineral rights     Carol L. Carnett, “A Survey of State Statutes
  to preservation organizations, 20 PLR 1162           Protecting Archaeological Resources,” 14
  (2002-03)                                            PLR 1117 (1995)
Author addresses use of antitrust laws to protect    Jonathan P. Rak, “Federal Protection of Amer-
  historic Main Streets from big box retailing,        ica’s Archeological Resources,” 5 PLR 2001
  14 PLR 1115 (1995)                                   (1986)
Eighth Circuit upholds Sioux City zoning ordi-       Jonathan P. Rak, "Local Government Regulation
  nance challenged on the basis of antitrust,          of Archaeological Resources," 13 PLR 1055
  substantive and procedural due process, and          (1994)
  taking claims, 5 PLR 3014 (1986)
Fourth Circuit rules conservation easement dona-     FUNDING
  tion in historic Green Springs, Virginia, may      Connecticut awards grant for study of local legis-
  be challenged under antitrust laws, 17 PLR           lative options to protect archeological re-
  1178 (1998)                                          sources, 3 PLR 1053 (1984)
Tenth Circuit upholds denial of request to rezone
  property for suburban shopping mall, 10 PLR        LEGISLATION, FEDERAL
  1146 (1991)                                        Petroglyph National Monument Establishment
                                                       Act of 1989, 8 PLR 1003 (1989)
APPRAISALS (See TAXATION, FEDERAL)
                                                     LEGISLATION, STATE
APPROPRIATIONS (See FEDERAL                          Arizona enacts new preservation legislation, 4
APPROPRIATIONS)                                         PLR 1067 (1985)
                                                     ARTICLE: Nancy C. Shanahan, “State Legisla-
ARCHEOLOGICAL AND HISTORIC                              tive Task Forces in the West,” 1 PLR 2061
PRESERVATION ACT                                        (1982)
ARTICLE: Jonathan P. Rak, “Federal Protection        California archeology laws amended, 3 PLR
  of America’s Archeological Resources,” 5              1011 (1984)
  PLR 2001 (1986)                                    Nevada enacts statutory provisions protecting
                                                        historic property and Indian remains and arti-
ARCHEOLOGICAL RESOURCES                                 facts, 8 PLR 1025 (1989)
PROTECTION ACT OF 1979                               New Hampshire legislation addresses cemetery
Archeological Resources Protection Act amend-           vandalism, 6 PLR 1025 (1987)
   ments, 7 PLR 1004 (1988)                          New Mexico adopts "Prehistoric and Historic
ARTICLE: Jonathan P. Rak, “Federal Protection           Preservation Act", 8 PLR 1025 (1989)
   of America’s Archeological Resources,” 5          Oregon enacts package of preservation legisla-
   PLR 2001 (1986)                                      tion, 3 PLR 1021 (1984)
Catholic University Law Review publishes             Recent legislative developments (Petroglyph
   analysis of comment on ARPA's application to         National Monument Establishment Act,) 9
   private property, 14 PLR 1219 (1995)                 PLR 1133 (1990)
Constitutionality of Archaeological Resources        States adopt new measures to preserve historic
   Protection Act upheld, 9 PLR 1079 (1990)             buildings (Georgia), 19 PLR 1215 (2001)
Conviction for unlawful looting upheld; Seventh      Texas legislature amends powers of Antiquities
   Circuit rules that ARPA criminal sanctions           Committee          (underwater        archeol-
   apply to archaeological resources stolen from        ogy/shipwrecks), 2 PLR 1057 (1983)
   private property, 12 PLR 1119 (1993)              Texas legislature considers changes to preserva-
Eleventh Amendment bars federal adjudication            tion programs, 2 PLR 1029 (1983)
   of ownership issues because final rules to im-    Wisconsin enacts legislation to protect unmarked
   plement Archeological Resources Protection           human burial sites, 5 PLR 1033 (1986)
   Act of 1979 published, 3 PLR 1017 (1984)
Federal archeological resources law enforcement      LITIGATION (See also individual federal and
   receives new emphasis, 2 PLR 1035 (1983)          state environmental protection and historic

22 PLR 2004                   Preservation Law Reporter                                  Master Index
preservation laws)                                      project despite discovery of archaeological re-
Alaska Supreme Court finds state review of              sources), 8 PLR 3042 (1989)
   archaeological resources inadequate in sale of     Town of Belmont v. Dole (First Circuit upholds
   oil and gas leases, 12 PLR 1035 (1993)               FHWA regulation governing treatment of ar-
Bayou St. John Improvement Assn. v. Sands               cheological sites) 4 PLR 3043 (1985)
   (NHPA and NEPA), 1 PLR 3047 (1982)                 Town of Belmont v. Dole (Section 4(f)) and
California court finds environmental impact             archeological district), 3 PLR 3001 (1984)
   report inadequate due to failure to study          Washington Court of Appeals rules state arche-
   avoidance of archaeological sites, 7 PLR 2030        ology statute is not unconstitutionally vague,
   (1988)                                               17 PLR 1232 (1998)
Colorado River Indian Tribes v. Marsh (Federal        Wisconsin court rules state DOT lacks authority
   court holds that federal agencies may not            to condemn land to protect archaeological site,
   avoid considering indirect impact of proposed        13 PLR 1021 (1994)
   projects on sites potentially eligible for Na-     Wisconsin Supreme Court affirms ruling that
   tional Register), 4 PLR 3047 (1985)                  state DOT lacks authority to condemn land to
Colorado River Indians bring suit against Army          protect archaeological site, 13 PLR 1208
   Corps of Engineers over bank stabilization           (1994)
   permit, 3 PLR 1017 (1984)
Dept. of Natural Resources v. Indian Coal Coun-       PUBLICATIONS
   cil, Inc. (Indiana Supreme Court holds desig-      Archeological protections detailed in new book,
   nation of archaeological site as unsuitable for      12 PLR 1124 (1994)
   coal mining is not a "taking"), 8 PLR 3014         General Accounting Office releases "Four Cor-
   (1989)                                               ners" Report on Archeological Protection, 7
Indiana archaeological statute held applicable to       PLR 1027 (1988)
   private property, 12 PLR 1159 (1993)               National Park Service publishes new book on
Indiana Supreme Court rules state archaeological        protecting archaeological resources on private
   statute applies to private property, 13 PLR          lands, 13 PLR 1017 (1994)
   1076 (1994)                                        Two new publications released (archaeology), 9
Motorcycle race affecting California desert ar-         PLR 1168 (1990)
   cheological sites subject of lawsuit, 2 PLR        Wisconsin historic preservation task force report
   1060 (1983)                                          published, 6 PLR 1030 (1987)
New Hampshire case invalidating FHWA regula-          Workbook on federal activities affecting archae-
   tions is pending on appeal, 4 PLR 1032               ology and historic preservation published, 8
   (1985)                                               PLR 1036 (1989)
New Mexico Navajo Ranchers Ass’n v. Interstate
   Commerce Comm’n (D.C. circuit finds Inter-         REGULATIONS
   state Commerce Commission's decision to            Department of Interior issues new regulations
   permit construction of railroad in Navajo             governing the care of federal archaeological
   lands is consistent with Section 106), 7 PLR          collections, 9 PLR 1136 (1990)
   2015 (1988)                                        Federal Highway Administration issues guide-
New York appeals court rules agency satisfied            lines on mitigation options for historic and ar-
   SEQRA in addressing impact of mining op-              cheological sites, 4 PLR 1029 (1985)
   eration on archaeological resources, 16 PLR        Final rules published by Interior, Agriculture,
   1096 (1997)                                           Defense and TVA, 3 PLR 1017 (1984)
Ninth Circuit permits gas company to conduct          Interior Department revising surface mining
   archaeological survey on private property to          regulations, 1 PLR 1054 (1982)
   satisfy section 106 obligations, 13 PLR 1007       Interior Secretary issues standards and guidelines
   (1994)                                                for archeology and historic preservation, 3
Office of Surface Mining litigation, 6 PLR 1002          PLR 1016 (1984)
   (1987)                                             National Park Service Cultural Resource Pro-
Office of Surface Mining required to expand              gram regulations, 3 PLR 1051 (1984)
   protection of cultural resources, 4 PLR 1080       Surface coal mining regulations draw legal chal-
   (1985)                                                lenge, 3 PLR 1009 (1984)
Preservation groups and state of New Mexico
   file suit against U.S. Forest Service to enforce   ARCHITECT OF THE CAPITOL
   compliance with federal preservation laws          Congress breaks deadlock to restore the West
   protecting archeological sites, 4 PLR 1047           Front of the U.S. Capitol with overwhelming
   (1985)                                               vote, 2 PLR 1037 (1983)
Topanga Assn. for a Scenic Community v.
   County of Los Angeles (California court up-        ARCHITECTURAL BARRIERS ACT (See
   holds approval of residential development          also AMERICANS WITH DISABILITIES

Master Index                   Preservation Law Reporter                                  22 PLR 2005
ACT and HANDICAPPED                                     Wisconsin), 2 PLR 1056 (1983)
ACCESSSIBILITY)
Access Board revises ADA Guidelines, 22 PLR           ARMY CORPS OF ENGINEERS, U.S.
  1034 (2004)                                         Army Corps of Engineers proposes to replace its
Handicapped access standards to allow sensitive          Section 106 compliance procedures in pro-
  treatment of historic buildings, 3 PLR 1064            posed rulemaking, 3 PLR 1033 (1984)
  (1984)                                              Bayou St. John Improvement Assn. v. Sands
                                                         (levee project/NHPA and NEPA), 1 PLR
ARIZONA                                                  3047, 3089 (1982)
Arizona legislature considering historic preserva-    Colorado River Indian Tribes v. Marsh (federal
   tion legislation, 1 PLR 1032 (1982)                   Court holds that federal agencies may not
Arizona enacts new preservation legislation, 4           avoid considering indirect impact of proposed
   PLR 1067 (1985)                                       projects on sites potentially eligible for Na-
ARTICLE: Nancy C. Shanahan, “State Legisla-              tional Register), 4 PLR 3047 (1985)
   tive Task Forces in the West,” 1 PLR 2061          Colorado River Indians bring suit against Army
   (1982)                                                Corps of Engineers over bank stabilization
Decision in Brief: Hopi Tribe v. Federal High-           permit, 3 PLR 1017 (1984)
   way Administration, 18 PLR 1050 (1999)             Corps of Engineers permit challenged in Cincin-
Federal district court upholds NAGPRA convic-            nati as violation of section 106 of NHPA, 1
   tion, 16 PLR 1033 (1997)                              PLR 1046 (1982)
Lanham Act preempts municipality's authority to       Corps of Engineers rebuffed by Advisory Coun-
   require alteration of registered trademarks           cil on Historic Preservation, 1 PLR 1058
   through design guidelines, 17 PLR 1170                (1982)
   (1998)                                             Court declines to enjoin permit issued prior to
Preservation groups and state of New Mexico              completion of section 106 review process, 9
   file suit against U.S. Forest Service to enforce      PLR 1081 (1990)
   compliance with federal preservation laws in       District court rules Army Corps of Engineers
   Arizona and New Mexico national forests, 4            satisfied National Historic Preservation Act,
   PLR 1047 (1985)                                       11 PLR 1124 (1992)
Property owner does not have a vested right to        Eleventh Circuit upholds Army Corps’ permit
   construct Frank Lloyd Wright designed house,          enabling construction of highway in Cobb
   7 PLR 2038 (1988)                                     County historic district, 16 PLR 1136 (1997)
Religious protection laws considered on Capitol       Federal protection of National Historic Land-
   Hill and by several state legislatures, 17 PLR        marks litigated (Delaware canal) , 2 PLR 1001
   1124 (1998)                                           (1983)
States find new money to fund preservation            Fifth Circuit finds lawsuit to compel compliance
   projects and programs, 9 PLR 1141 (1990)              with NHPA for Vieux Carre aquarium project
State RFRA laws enacted in three more states, 17         is not moot despite completion of construc-
   PLR 1158 (1999)                                       tion, 11 PLR 1055 (1992)
Tenth Circuit upholds NAGPRA conviction in            Fifth Circuit, in third ruling in Vieux Carre case,
   Corrow case, 16 PLR 1203 (1997)                       rules Army Corps not required to comply with
U.S. Government efforts to accommodate reli-             NHPA, 14 PLR 1007 (1995)
   gious exercise of Native Americans withstand       Florida Rock Industries, Inc. v. United States
   establishment clause claims, 22 PLR 1003              (denial by Army Corps of Engineers of dredge
   (2004)                                                and fill permit for 98 acres of Florida wetlands
Wilson v. Block (upholding ski resort expansion          held taking of land purchased for limestone
   near sacred site), 2 PLR 3057 (1983)                  mining), 4 PLR 3036 (1985)
                                                      Fourth Circuit rules adjacent property owners
ARKANSAS                                                 have standing to enforce Section 106, 21 PLR
Arkansas court rules state preservation agency is        1188 (2001)
   estopped from enforcing conservation ease-         Hough v. Marsh (Clean Air Act, NEPA, NHPA),
   ment, 16 PLR 1099 (1997)                              2 PLR 3025 (1983)
Second Baptist Church v. Little Rock Historic         National historic landmark affected by proposed
   District Comm’n (Arkansas Supreme Court               Corps’ permit, 1 PLR 1051 (1982)
   upholds historic district commission’s denial      National Trust for Historic Preservation v. U.S.
   of parking lot application), 6 PLR 3006               Army Corps of Engineers (§ 106 compliance),
   (1987)                                                1 PLR 3001 (1983)
Tilley v. Thompson (denial of permit for vinyl        New York’s Westway halted, 4 PLR 1104 (1985)
   siding reversed), 3 PLR 3042                       162.20 Acres of Land v. United States (condem-
Uniform Conservation Easement Act enacted in             nation and § 106 compliance), 1 PLR 3025
   four states (Arkansas, Nevada, Oregon and             (1982)

22 PLR 2006                    Preservation Law Reporter                                  Master Index
State and federal courts address wide range of        Barnes, JoAnna J., 11 PLR 1017, 1163 (1992)
   preservation issues (Ohio), 20 PLR 1104            Bartlett, Mary Richards, 2 PLR 2001 (1983)
   (2001)                                             Battaglia, David H, 10 PLR 1169 (1991)
Taking challenges to permit denials rejected, 1       Beaumont, Constance, 10 PLR 1189 (1990)
   PLR 2018 (1982)                                    Becker, Fredrick B., 1 PLR 2052 (1982)
U.S. District Court remands NAGPRA contro-            Bell, Charlotte, 1 PLR 2030 (1982)
   versy to Army Corps of Engineers in "Ken-          Bonderman, David, 1 PLR 2018 (1982)
   newick" Man case, 16 PLR 1209 (1997)               Carnett, Carol L., 14 PLR 1117 (1995)
                                                      Coughlin, Thomas A., III, 1 PLR 2011 (1982), 2
ART LAW (See also MUSEUMS)                               PLR 2035 (1983), 5 PLR 2018 (1986), 6 PLR
Art law (Art Law: Rights and Liabilities of Crea-        2031 (1987)
   tors and Collectors), 5 PLR 1056 (1986)            Doheny, David A. and Paul W. Edmondson, 6
Art law reference books published, 4 PLR 1053            PLR 2001 (1987)
   (1985)                                             Dooher, Patrick G., 4 PLR 2001 (1985)
Book subsidy grant for publication of art books       Edmondson, Paul W., 4 PLR 2036 (1985); 14
   is not a taxable expenditure and would not            PLR 1021 (1995)
   generate unrelated business income, 5 PLR          Ferster, Andrea C., 13 PLR 1041 (1994); 15 PLR
   1028 (1986)                                           1141 (1996)
Charitable deduction for donated prints limited       FitzGibbon, Daniel H., 4 PLR 2073 (1985)
   by tax court, 5 PLR 1049 (1986)                    Fowler, John M., 1 PLR 2030 (1982)
Foundation’s tax-exempt status revoked upon           Hamm, Carolyn J., 1 PLR 2076 (1982)
   finding that it served trustees’ private inter-    Hanslin, Lars A., 3 PLR 2016, 2081 (1984)
   ests, 6 PLR 1013 (1987)                            Howard, Myrick, 1 PLR 2006 (1982)
Fundraising organization’s transfers to art mu-       Huston, Tom Charles, 4 PLR 2073 (1985)
   seum do not trigger reporting to IRS under         Jones, Elizabeth F., 1 PLR 2074 (1982)
   I.R.C. § 6050L, 5 PLR 1052 (1986)                  Kadlec, Kate, 20 PLR 1119 (2001)
Individual grants for art history scholarship not     Kayden, Jerold S., 14 PLR 1235 (1995)
   taxable expenditures under I.R.C. § 4945, 6        Kliman, Burton S., 1 PLR 2023 (1982)
   PLR 1044 (1987)                                    Lubens, Rebecca,” 21 PLR 1169 (2002-3)
Interrelated transactions between foundations do      Luxemburger, Jeremiah, 1 PLR 2036 (1982)
   not result in adverse tax consequences, 6 PLR      Maddox, Dawn, 4 PLR 2030 (1985)
   1018 (1987)                                        Manuel, Brian R., 19 PLR 1001 (2000)
Rowan v. Pasadena Art Museum (trustee’s du-           Mayes, Thompson, 4 PLR 2010 (1985) 5 PLR
   ties), 1 PLR 3050 (1982)                              2027 (1986)
Summary judgment motions denied in suit to            McCoy, Jerry J., 3 PLR 2061 (1984)
   recover self-dealing excise taxes from director    Merritt, Elizabeth S., 4 PLR 2069 (1985), 11
   of Rothko Foundation, 6 PLR 1011 (1987)               PLR 1166 (1992)
Tax court and IRS remain strict on valuation of       Miller, Julia H., 5 PLR 2041 (1986), 10 PLR
   donations to museums, while Congress con-             1019 (1991), 14 PLR 1012 (1995), 15 PLR
   siders easing restrictions on artists who donate      1001 (1996), 15 PLR 1129 (1996), 17 PLR
   their own work, 4 PLR 1093 (1985)                     1080 (1997), 19 PLR 1160 (2000), 21 PLR
Tax Court reduces donation deduction on alleged          1169 (2002-3)
   Faberge desk set, 6 PLR 1012 (1987)                Nettler, Richard B., 2 PLR 2041 (1983), 11 PLR
                                                         1028 (1992)
ART WORKS/MURALS                                      Penico, Victor, 3 PLR 2069 (1984)
District Court upholds order to remove exterior       Perry, Kate M., 3 PLR 2045, 2066 (1984), 6 PLR
   wall mural in Charleston historic district; re-       2047 (1987)
   jects First Amendment and other constitu-          Pollard, Oliver A., 8 PLR 2001 (1989)
   tional claims, 14 PLR 1244 (1995)                  Rak, Jonathan P., 5 PLR 2001 (1986), 13 PLR
Protection for works of art attached to buildings,       1055 (1994)
   1 PLR 1045 (1982)                                  Ridley, Katherine Raub, 8 PLR 2011 (1989)
State and federal courts address wide range of        Rierson, Autumn, 21 PLR 1169 (2002-3)
   preservation issues (Philadelphia mural), 20       Roddewig, Richard J. and Jory I. Wishnoff, 6
   PLR 1110 (2001)                                       PLR 2017 (1987)
                                                      Rogers, Jerry L., 3 PLR 2001 (1984)
ARTICLE AUTHORS                                       Schmitz, Adrienne V., 4 PLR 2078 (1985)
Abney, George B., 18 PLR 1001 (1999)                  Schwartz, Harry K., 15 PLR 1093 (1996), 17
Ades, Stephanie A., 13 PLR 1107 (1994)                   PLR 1091 (1998), 18 PLR 1105 (1999)
Andrews, Gregory E., 1 PLR 2071 (1982)                Shanahan, Nancy C., 1 PLR 2061 (1982), 3 PLR
Anthony,Jr., Aubra H., 1 PLR 2001, 2087 (1982)           2031 (1984)
Barainca, Maite, 3 PLR 2020 (1984)                    Shine, Edith M., 18 PLR 1184 (1999)

Master Index                   Preservation Law Reporter                               22 PLR 2007
Sitkowski, Robert J., 17 PLR 1171 (1999)            Thomas A. Coughlin, III, “Easements and Other
Slaughter, D. French, 3 PLR 2050 (1984)                Legal Techniques to Protect Historic Property
Schneider, Todd, 20 PLR 1001 (2001)                    in Private Ownership,” 6 PLR 2031 (1987)
Spring, Thomas C., 4 PLR 2047 (1985)                Thomas A. Coughlin, III, “Increased Tax Penal-
White, Bradford J., 14 PLR 1021 (1995)                 ties for Valuation Overstatements,” 2 PLR
Wilburn, Gary W., 1 PLR 2042 (1982); 2 PLR             2034 (1983)
   2017 (1983)                                      Thomas A. Coughlin, III, “Preservation Ease-
Wilson, James R., 2 PLR 2029 (1983)                    ments: Statutory and Tax Planning Issues,” 1
Xeller, Patricia A., 2 PLR 2050 (1983), 3 PLR          PLR 2011 (1982)
   2005(1984)                                       Thomas A. Coughlin, III, “Some Thoughts on
Yank, Andrea J., 3 PLR 2045 (1984)                     Handling Easement Valuation Disputes before
Zick, Steven J., 4 PLR 2022 (1985)                     the IRS and in the Courts,“ 5 PLR 2018
                                                       (1986)
ARTICLES (See also PRESERVATION                     David A. Doheny and Paul W. Edmondson, “The
LAW SUMMARIES and PUBLICATIONS)                        1987 Supreme Court “Takings” Trilogy: His-
George B. Abney, “Florida’s Local Historic             toric Preservation Controls Are Not Endan-
   Preservation Ordinances: Maintaining Flexi-         gered,” 6 PLR 2001 (1987)
   bility While Avoiding Vagueness Claims,” 18      Patrick G. Dooher, “The Effect of the Tax Re-
   PLR 1001 (1999)                                     form Act of 1984 on Historic Preservation In-
Stephanie A. Ades, "Lobbying by Historic Pres-         centives,” 4 PLR 2001 (1985)
   ervation Organizations: Understanding the        Paul W. Edmondson, “Designation of Historic
   Rules," 13 PLR 1107 (1994)                          Properties: Determining Whether Procedural
Gregory E. Andrews, “State Legislative Initia-         Due Process Standards Are Applicable,” 4
   tives: Connecticut, 1 PLR 2071 (1982)               PLR 2036 (1985)
Aubra H. Anthony, Jr., “1982 Legislative            Andrea C. Ferster, “Congress Acts to Curb Ex-
   Changes in the Federal Tax Incentives for           cess Benefits by Nonprofit Insiders,” 15 PLR
   Historic Preservation,” 1 PLR 2087 (1982)           1141 (1996)
Aubra H. Anthony, Jr., “Summary of Preserva-        Andrea C. Ferster, "Securing Tax Exemption for
   tion Tax Incentives in the Economic Recovery        `Main Street' Organizations: Choosing the
   Tax Act of 1981, 1 PLR 2001 (1982)                  Right Classification," 13 PLR 1041 (1994)
Maite Barainca, “Planning to Avoid Revocation       Carolyn J. Hamm, “When the Bulldozer Should
   of Tax-Exempt Status and Minimize its Ad-           Win: A Survey of Laws and Cases Authoriz-
   verse Consequences,” 3 PLR 2020 (1984)              ing Demolition of Historic Resources, 1 PLR
JoAnna J. Barnes, "Environmental Liability             2076 (1982)
   Issues for Preservation Organizations," (Part    Lars A. Hanslin, “Recent Amendments to the
   1), 11 PLR 1017 (1992)                              National Park Service Regulations for Certifi-
JoAnna J. Barnes, "Environmental Liability             cation of Historic Building Rehabilitations, 3
   Issues for Preservation Organizations," (Part       PLR 2081 (1984)
   2), 11 PLR 1163 (1992)                           Tom C. Huston and Daniel H. FitzGibbon,
JoAnna J. Barnes, "EPA Issues Final Regulations        “Availability of Investment Tax Credit to Pur-
   Interpreting "Security Interest Exemption" for      chasers of Qualified Rehabilitated Buildings
   Hazardous Waste Liability Under CERCLA,"            from Tax-Exempt Entities,” 4PLR 2073
   11 PLR 1102 (1992)                                  (1985)
Mary Richards Bartlett, “Lobbying by Historic       Elizabeth F. Jones, “State Legislative Initiatives:
   Preservation Organizations,” 2 PLR 2001             Kentucky,” 1 PLR 2074 (1982)
   (1983)                                           Kate Kadlec: “Preservation Advocacy: Learning
David H. Battaglia, "Americans with Disabilities       How to Play by the Rules: An Introduction to
   Act: Its Impact on Historic Buildings and           Federal Nonprofit Tax and Lobbying Disclo-
   Structures," 10 PLR 1169 (1991)                     sure Laws,” 20 PLR 1119 (2001)
Constance E. Beaumont, "New Federal Transpor-       Jerold S. Kayden, “Historic Preservation and the
   tation Law Will Affect Preservation, 10 PLR         New Takings Cases: Landmarks Preserved,”
   1189 (1991)                                         14 PLR 1235 (1995)
Fredrick B. Becker, “Partnerships with Historic     Burton S. Kliman, “National Register of Historic
   Preservation Organizations in Real Estate De-       Places-1982,” 1 PLR 2023 (1982)
   velopment,” 1 PLR 2052 (1982)                    Rebecca Lubens and Julia Miller, “Protecting
David Bonderman, “Court of Claims Reviews              Older Neighborhoods Through Conservation
   `Taking’ Issue, Limits Use of Inverse Con-          District Programs,” 21 PLR 1059 (2002-3)
   demnation Argument,” 1 PLR 2018 (1982)           Jeremiah Luxemberger, “Getting to `Substan-
Carol L. Carnett, “A Survey of State Statutes          tially Rehabilitated’ in the Most Economical
   Protecting Archaeological Resources,” 14            Way: One Aspect of the Rehabilitation Tax
   PLR 1117 (1995)                                     Credit,” 1 PLR 2036

22 PLR 2008                   Preservation Law Reporter                                 Master Index
Dawn Maddox, “Update on Recommendations of              Provisions: Preventing Demolition by Ne-
   Connecticut‘s Heritage Task Force,” 4 PLR            glect,” 8 PLR 2001 (1989)
   2030 (1985)                                       Jonathan P. Rak, “Federal Protection of Amer-
Brian R. Manuel, “Protecting Historic Land-             ica’s Archeological Resources,” 5 PLR 2001
   scapes Against the Proliferation of Cellular         (1986)
   Towers,” 19 PLR 1001 (2000)                       Jonathan P. Rak, "Local Government Regulation
Thompson M. Mayes, “Current Legal Issues in             of Archaeological Resources," 13 PLR 1055
   the Law of Historic Shipwrecks,” 5 PLR 2027          (1994)
   (1986)                                            Katherine Raub Ridley, "Common Pitfalls in the
Jerry McCoy, “Effect of Tax Reform Act of 1984          Life and Work of Local Historic Preservation
   on Charitable Planning,” 3 PLR 2061 (1984)           Commissions," 8 PLR 2011 (1989)
Elizabeth S. Merritt, “Basic Tax Provisions          Autumn Rierson, “RLUIPA: Four Years Later,”
   Governing Charitable Contributions,” 4 PLR           21 PLR 1169 (2002-3)
   2069 (1985)                                       Richard J. Roddewig and Jerry I. Wishnoff,
Elizabeth S. Merritt, "Fowler Bill Enacted:             “Landmark Preservation: The New Chicago
   Federal Preservation Law Strengthened; Na-           Ordinance,” 6 PLR 2017 (1987)
   tional Historic Preservation Act Amendments       Jerry L. Rogers, “Reasons for Denial of Certifi-
   of 1992 Signed into Law," 11 PLR 1155                cation for the 25 Percent Investment Tax
   (1992)                                               Credit,” 3 PLR 2001 (1984)
Julia H. Miller, “Coordination of Historic Pres-     Todd Schneider, “From Monuments to Urban
   ervation and Land Use Controls: New Direc-           Renewal: How Different Philosophies of His-
   tions in Historic Preservation Regulation,“5         toric Preservation Impact the Poor,” 20 PLR
   PLR 2041 (1986)                                      1001 (2001)
Julia H. Miller, “Frequently Asked Questions         Harry K. Schwartz, “State and Local Real Prop-
   about Local Preservation Laws,” 16 PLR 1080          erty Tax Incentives for Historic Preservation
   (1997)                                               Property,” 18 PLR 1105 (1999)
Julia H. Miller, "Owner Consent Provisions in        Harry K. Schwartz, “State Income Tax Incentives
   Historic Preservation Ordinances: Are They           for Historic Homeownership,” 15 PLR 1093
   Legal?," 10 PLR 1019 (1991)                          (1996)
Julia H. Miller, “Protecting Historic Structures     Harry K. Schwartz, "State Mortgage Credits for
   Against Incompatible Development,” 14 PLR            Historic Rehabilitation of Owner-Occupied
   1012 (1995)                                          Homes," 17 PLR 1001 (1998)
Julia H. Miller, “Providing for Economic Hard-       Nancy C. Shanahan, “Downtown Preservation
   ship Relief in the Regulation of Historic Prop-      Strategies and Techniques” (San Francisco), 3
   erties,” 15 PLR 1129 (1996)                          PLR 2031 (1984)
Julia H. Miller, “Responding to requests to Alter    Nancy C. Shanahan, “State Legislative Task
   or Demolish Historic Religious Property,” 19         Forces in the West,” 1 PLR 2061 (1982)
   PLR 1160 (2000)                                   Adrienne V. Schmitz, “The Coastal Zone Man-
Julia H. Miller, “Untangling the Preservation           agement Act’s Role in Historic Preservation,”
   Web: Understanding the Different Ap-                 4 PLR 2078 (1985)
   proaches to Historic and Cultural Resource        Edith M. Shine, “The Use of Development Mora-
   Protection,” 15 PLR 1001 (1996)                      toria in the Protection of Historic Re-
Richard B. Nettler, "Court Enjoins Property             sources,”18 PLR 1184 (1999)
   Owner from Violating Conservation Ease-           Robert J. Sitkowski, “The Village Districts Act:
   ment," 11 PLR 1028 (1992)                            What Does It Mean for Connecticut’s Historic
Richard B. Nettler, “Injunctions and Historic           Districts?,” 17 PLR 1171 (1999)
   Preservation: An Overview,”2 PLR 2041             D. French Slaughter, III, “The New Tax Penal-
   (1983)                                               ties for Taxpayers and Tax Advisors and Their
Victor Penico, “Valuation of Preservation Ease-         Implications for Tax Planning in Historic
   ments,” 3 PLR 2069 (1984)                            Preservation,“3 PLR 2050 (1984)
Kate M. Perry, “1984 Tax Reform Act Leasing          Thomas C. Spring, “Tax Considerations for
   Provisions Affecting Historic Preservation,” 3       Section 501(c)(3) Organizations Engaged in
   PLR 2066 (1983)                                      Real Estate Development Activities,” 4 PLR
Kate M. Perry and Andrea J. Yank, “Tax-Exempt           2047 (1985)
   Leasing Bills: Side by Side Analysis of Sig-      Bradford J. White and Paul W. Edmondson,
   nificant Provisions Affecting Historic Preser-       “Procedural Due Process and Historic Preser-
   vation,” 3 PLR 2045 (1984)                           vation: Basic Legal Principles for Local Pres-
Kate M. Perry, “The National Historic Preserva-         ervation Commissions,” 14 PLR 1021 (1995)
   tion Forum Evaluates the Nation’s Preserva-       Gary W. Wilburn, “Attorneys’ Fees Awards in
   tion Program,” 6 PLR 1047 (1987)                     Federal Historic Preservation Litigation,” 1
Oliver A. Pollard, III, “Minimum Maintenance            PLR 2041 (1982)

Master Index                  Preservation Law Reporter                                 22 PLR 2009
Gary W. Wilburn, “Transportation Projects and           der state environmental quality act is not re-
   Historic Preservation: Recent Developments           quired to replace rustic bridge adjacent to na-
   under Section 4(f) of the Department of              tional historic landmark), 7 PLR 2026 (1988)
   Transportation Act,” 2 PLR 2017 (1983)            Benton Franklin Riverfront Trailway and Bridge
James R. Wilson, “The Duties of a Lawyer for a          Committee v. Lewis (bridge replacement), 1
   Historic District Commission,“ 2 PLR 2029            PLR 3028 (1982)
   (1983)                                            Historic bridge legislation, 6 PLR 1001 (1987)
Patricia A. Xeller, “A Practical Guide to Property   St. Tammany Parish v. Coast Guard Comman-
   Tax Incentives for Preservation,“ 2 PLR 2050         dant, 1 PLR 3009 (1982)
   (1983)
Patricia A. Xeller, “The Impact of the First         BUILDING AND FIRE CODES
   Amendment on the Preservation of Religious        ARTICLE: Nancy C. Shanahan, “State Legisla-
   Structures,” 3 PLR 2005 (1984)                      tive Task Forces in the West,” 1 PLR 2061
Steven J. Zick, “Politics and the Landmark Ordi-       (1982)
   nance in Chicago: A Continuing Threat to          California adopts preservation legislation pack-
   Preservation,“ 4 PLR 2022 (1985)                    age, 4 PLR 1035 (1985)
                                                     Georgia, Iowa and Wisconsin act on building
ARTIFICIAL SIDING (See HISTORIC                        codes, 3 PLR 1037 (1984)
PRESERVATION ORDINANCES,                             Georgia Trust building code workshops held, 4
CHALLENGES UNDER SPECIFIC                              PLR 1051 (1985)
PROVISIONS)                                          Historic preservation legislation enacted in sev-
                                                       eral states (North Carolina), 19 PLR 1232
ATTORNEYS' FEES AND COURT COSTS                        (2000)
(See COURTS AND PROCEDURES)                          Local incentives for rehabilitation (Dallas and
                                                       New York), 1 PLR 1049 (1982)
                        B                            New rehabilitation code adopted by Building
                                                       Officials and Code Administrators, 3 PLR
BATTLEFIELDS                                           1068 (1984)
Board of County Comm’rs v. Schuhly (Maryland
  Court of Special Appeals affirms county deci-      BUREAU OF INDIAN AFFAIRS (See also
  sion to rezone land from “conservation” to           NATIVE AMERICAN SITES)
  “business-general” near Antietam Battlefield),     Ringsred v. City of Duluth (Eighth circuit finds
  6 PLR 3033 (1987)                                    insufficient federal involvement in parking
County files lawsuit claiming losses from Ma-          ramp construction to require compliance with
  nassas Battlefield legislation, 9 PLR 1061           NEPA or Section 106), 6 PLR 3023 (1987)
  (1990)
Manassas National Battlefield Park Amendments                                C
  of 1988, 7 PLR 1003 (1988)
Recent legislative developments (Civil War Sites     CALIFORNIA
  Advisory Comm.,) 9 PLR 1133 (1990)                 Advisory Council votes on Long Beach Freeway
                                                       completion, 4 PLR 1008 (1985)
BILL OF ATTAINDER                                    California adopts preservation legislation pack-
Two recent decisions show difficulty of winning       age, 4 PLR 1035 (1985)
  1983 due process challenges of local preserva-     California appeals court orders EIR for Oakland
  tion and zoning actions, 12 PLR 1134 (1993)          demolition proposal, 16 PLR 1091 (1997)
                                                     California appeals court rules EIR not required
BILLBOARDS (See also SCENIC ROADS)                     for proposed project involving rehabilitation
Foster & Kleiser v. City of Chicago (Illinois          of designated resources, 15 PLR 1057 (1996)
  appeals court upholds revocation of permit for     California appeals court says ballot initiative on
  erection of signs adjacent to historic land-         de-designation of historic properties is subject
  marks), 5 PLR 3059 (1986)                            to CEQA, 17 PLR 1217 (1999)
Recent developments in billboard litigation, 5       California archeology laws amended, 3 PLR
  PLR 1014 (1986)                                      1011 (1984)
The Billboard Control Act of 1989, 8 PLR 1004        California Coastal Commission authority to issue
  (1989)                                               mining permits preempted by federal law, 4
                                                       PLR 1106 (1985)
BRIDGES (See also DEPARTMENT OF                      California Coastal Comm’n v. Granite Rock Co.
TRANSPORTATION ACT, SECTION 4(F)                       (state regulation of certain federally-owned
and TRANSPORTATION PROJECTS)                           properties for environmental purposes upheld
Anderberg v. New York Dept. of Environmental           by the Supreme Court), 6 PLR 3001 (1987)
  Conservation (full environmental review un-        California court finds environmental impact

22 PLR 2010                   Preservation Law Reporter                                  Master Index
  report inadequate due to failure to study             sors), 9 PLR 1068 (1990)
  avoidance of archaeological site, 7 PLR 2030       Decision in Brief: Morongo Band of Mission
  (1988)                                                Indians v. Federal Aviation Administration,
California Court of Appeals upholds exemption           17 PLR 1050 (1999)
  from preservation laws for religious purposes,     Demolition control ordinance held unconstitu-
  17 PLR 1029(1999)                                     tional infringement of fundamental right to go
California court orders removal of condition            out of business, 2 LR 3053 (1983)
  requiring dedication of land for road realign-     Demolition of historic bungalow without envi-
  ment in connection with approval to convert           ronmental review violates CEQA, 13 PLR
  historic mansion to office space, 8 PLR 3013          1010 (1994)
  (1989)                                             Environmental Law Fund, Inc. v. Watsonville
California court orders return of metate frag-          (CEQA), 3 PLR 3003 (1984)
  ments under state Native American burial           Federal court enjoins Route 710 Freeway Exten-
  statute, 9 PLR 1138 (1990)                            sion in Los Angeles area, 17 PLR 1132 (1999)
California enacts moratorium on religious prop-      Federal court upholds action to compel Oakland
  erty designations, 12 PLR 1131 (1993)                 to comply with Section 106, 11 PLR 1147
California exempts religious property owners            (1992)
  from local preservation laws, 13 PLR 1176          Federal courts address preservation-related dis-
  (1994)                                                putes around the country (preservation ordi-
California judge upholds partial demolition of          nances), 20 PLR 1028 (2001)
  historic Jose Theater, 17 PLR 1220 (1998)          Federal funding for California missions ap-
California superior court strikes down state law        proved, 22 PLR 1034 (2004)
  exempting religious property owners from lo-       First English Evangelical Lutheran Church v.
  cal preservation laws, 15 PLR 1075 (1996)             County of Los Angeles (on remand from U.S.
California Supreme Court upholds religious              Supreme Court, California court of appeal
  properties exemption against establishment            holds interim construction moratorium is not
  clause claim, 19 PLR 1125 (2000)                      an unconstitutional "taking"), 8 PLR 3010
Challenges to BLM’s compliance with federal             (1989)
  preservation laws produce mixed results, 22        Foundation for San Francisco’s Architectural
  PLR 1019 (2004)                                       Heritage v. City and County of San Francisco
Colorado River Indian Tribes v. Marsh (federal          (CEQA, demolition permit for City of Paris
  Court holds that federal agencies may not             building), 1 PLR 3098 (1982)
  avoid considering indirect impact of proposed      Friends of Sierra Railroad, Inc. v. I.C.C. (Ninth
  projects on sites potentially eligible for Na-        circuit holds it lacks jurisdiction to review
  tional Register), 4 PLR 3047 (1985)                   ICC's failure to consider effect of actions on
Colorado River Indians bring suit against Army          historic railroad line), 8 PLR 3036 (1989)
  Corps of Engineers over bank stabilization         Goleta Valley decision reversed on appeal; resort
  permit, 3 PLR 1017 (1984)                             hotel project given green light despite adverse
Congress considers bills affecting preservation         archaeological and environmental impacts, 10
  interests; passes maritime heritage law, protec-      PLR 1009 (1991)
  tions for California ghost town, 13 PLR 1187       Goodman Group, Inc. v. Dishroom (NEPA)), 2
  (1994)                                                PLR 3011 (1983)
Connecticut and California courts address rela-      Groch v. City of Berkeley (demolition and new
  tionship between "ministerial" and "discre-           construction permits for residential units), 1
  tionary" acts in preservation context, 12 PLR         PLR 3074
  1110 (1993)                                        Historic preservation legislation enacted in sev-
Conservation easements in California published,         eral states, 19 PLR 1232 (2000)
  2 PLR 1045 (1983)                                  Lyng v. Northwest Indian Cemetery Protective
Court holds that issuance of demolition permit is       Assn. (U.S. Supreme Court holds that Indian
  not a discretionary act subject to the Califor-       tribes do not have constitutional right to block
  nia Environmental Quality Act, 7 PLR 2030             federal road construction project near sacred
  (1988)                                                grounds in national forest), 7 PLR 2001
Court rules California does not have "colorable         (1989)
  claim" to shipwreck under Abandoned Ship-          MacDonald, Sommer, Frates v. Yolo County
  wreck Act or state law, 14 PLR 1096 (1995)            (Supreme Court declines to reach the merits in
Court upholds California statute requiring $5,000       regulatory “taking” case), 5 PLR 3015 (1986)
  building permit fee in lieu of public access to    MacLeod v. County of Santa Clara (denial of
  beach, 4 PLR 1104 (1985)                              timber cutting permit for land not otherwise
Courts play a critical role in enforcing environ-       economically profitable held not a taking), 4
  mental laws affecting historic resources (Citi-       PLR 3051 (1985)
  zens of Goleta Valley v. Board of Supervi-         Members of the City Council of the City of Los

Master Index                  Preservation Law Reporter                                  22 PLR 2011
   Angeles v. Taxpayers for Vincent (U.S. Su-        Recent court decisions involving historic ship-
   preme Court upholds aesthetic-based sign             wrecks, 20 PLR 1064 (2001)
   regulation) 3 PLR 3034 (1984)                     Recent decisions governing the removal of prop-
Motorcycle race affecting California desert ar-         erties from local historic registers (CEQA), 20
   cheological sites subject of lawsuit, 2 PLR          PLR 1080 (2001)
   1060 (1983)                                       Recent developments in billboard litigation, 5
Moving a National Register property jeopardizes         PLR 1014 (1986)
   eligibility for Investment Tax Credit, 4 PLR      Religious protection laws considered on Capitol
   1006 (1985)                                          Hill and by several state legislatures, 17 PLR
Nash v. City of Santa Monica (California Su-            1124 (1998)
   preme Court upholds anti-demolition provi-        Revised and expanded Historic Preservation in
   sion in Santa Monica rent control ordinance),        California: A Legal Handbook now available,
   4 PLR 3001 (1985)                                    2 PLR 1016 (1983)
NHPA and NEPA claims dismissed in California         Rohn v. City of Visalia (California court orders
   lawsuit; Court rules claims "cut off" when           removal of condition requiring dedication of
   federal agency releases funds, 16 PLR 1027           land for road realignment in connection with
   (1997)                                               approval to convert historic mansion to office
Ninth Circuit enjoins Forest Service land ex-           space), 8 PLR 3013 (1989)
   change affecting traditional cultural property,   Rowan v. Pasadena Art Museum (trustee’s du-
   17 PLR 1095 (1999)                                   ties), 1 PLR 3050 (1982)
Ninth Circuit gives National Park Service green      Sale-and-leaseback plans for Oakland Museum,
   light on Presidio clubhouse project, 17 PLR          1 PLR 1020 (1982)
   1206 (1998)                                       San Diego Trust & Savings Bank v. Friends of
Ninth Circuit rules California failed to establish      Gill (CEQA), 1 PLR 3009 (1982)
   colorable claim to Brother Jonathan, 15 PLR       San Francisco’s downtown plan pending before
   1159 (1996)                                          city’s Board of Supervisors, 4 PLR 1065
Ninth Circuit upholds public enforcement rights         (1985)
   under MOA, 19 PLR 1179 (2000)                     Several courts address preservation-related dis-
Northwest Indian Cemetery Protective Ass’n v.           putes around the country (zoning), 20 PLR
   Peterson (California Wilderness Act does not         1033 (2001)
   affect Ninth Circuit’s earlier ruling enjoining   Several courts address standing requirements
   logging and roar construction on Indian sacred       with varying results, 19 PLR 1065 (2000)
   lands within a national forest), 5 PLR 3052       State preservation law summaries, 2 PLR 1029
   (1986)                                               (1983)
Northwest Indian Cemetery Protective Ass’n v.        Supreme Court dismisses appeal in Santa Monica
   Peterson (enjoining road project and logging         rent control case, 4 PLR 1050 (1985)
   affecting sacred site) 2 PLR 3057 (1983)          Taxpayers for Vincent v. Members of Los Ange-
Northwest Indian Cemetery Protective Ass’n v.           les City Council (sign ordinance), 2 PLR 3034
   Peterson (Ninth circuit bans logging on Indian       (1983)
   sacred land within national forest), 5 PLR        Topanga Assn. for a Scenic Community v.
   3010(1986)                                           County of Los Angeles (California court up-
On remand from U.S. Supreme Court, California           holds approval of residential development
   court of appeal holds interim construction           project despite discovery of archaeological re-
   moratorium is not an unconstitutional "tak-          sources), 8 PLR 3042 (1989)
   ing", 8 PLR 3010 (1989)                           Tyler v. Cisneros overturned on appeal; MOA
Orinda Ass’n v. Board of Supervisors and                remains binding after transfer of HUD funds,
   Friends of Orinda Theatre v. County of Contra        17 PLR 1024 (1998)
   Costa (demolition permit requires review un-      U.S. courts address RLUIPA challenges on ap-
   der California Environmental Quality Act), 5         peal, 22 PLR 1005 (2004)
   PLR 3020 (1986)                                   U.S. Supreme Court bolsters Penn Central tak-
Pasadena enacts emergency ordinance to protect          ings test; rejects claim that moratoriums on
   architectural fixtures, 4 PLR 1066 (1985)            development may result in per se takings, 21
People v. Union Pacific Land Resource Corp.             PLR 1113 (2002-3)
   (landowners were not entitled to interest on      U.S. Supreme Court decides second property
   property condemnation judgment where emi-            rights case; rejects physical takings claim, 11
   nent domain proceedings were abandoned               PLR 1061 (1992)
   prior to transfer), 5 PLR 3058 (1986)             U.S. Supreme Court decides to hear three prop-
Preservation law conference scheduled in San            erty rights cases, 10 PLR 1180 (1991)
   Francisco, 2 PLR 1008 (1983)                      U.S. Supreme Court grants review in Monterey,
Protection for works of art attached to buildings,      California takings case, 17 PLR 1067 (1998)
   1 PLR 1045 (1982)                                 U.S. Supreme Court rules Eleventh Amendment

22 PLR 2012                   Preservation Law Reporter                                  Master Index
  does not bar federal court jurisdiction in the      land, 15 PLR 1065 (1996)
  Brother Jonathan case, 17 PLR 1103 (1998)
U.S. Supreme Court rules takings claim involv-      COLORADO
  ing Tahoe TDR program is ripe for review, 16      Colorado appeals court rules imposition of in-
  PLR 1058 (1997)                                     terim moratorium on development did not re-
U.S. Supreme Court upholds takings claim in Del       sult in compensable regulatory taking, 14 PLR
  Monte Dunes case, 17 PLR 1053 (1998)                1103 (1995)
                                                    Colorado appeals court invalidates Boulder
CALIFORNIA MISSIONS                                   ordinance on procedural grounds, 22 PLR
PRESERVATION ACT                                      1012 (2004)
Federal funding for California missions ap-         Colorado court invalidates local zoning amend-
  proved, 22 PLR 1034 (2004)                          ment expanding uses of historic structures for
                                                      inadequate notice, 14 PLR 1071 (1995)
CELLULAR TOWERS (See                                Designation of Alamo Placita Historic District
TELECOMMUNICATIONS and                                upheld on appeal, 21 PLR 1185 (2002-3)
TELECOMMUNICATIONS ACT OF 1996)                     Economic benefits of historic preservation, 11
                                                      PLR 1043 (1992)
CERTIFICATES OF APPROPRIATENESS                     Federal archeological resources law enforcement
(See HISTORIC PRESERVATION                            receives new emphasis, 2 PLR 1035 (1983)
ORDINANCES)                                         Federal protection of National Historic Land-
                                                      marks litigated (§ 110(f)), 2 PLR 1001 (1983)
CHARITABLE TRUSTS (See TRUST AND                    Landmark Land Co. v. City of Denver (Colorado
ESTATES)                                              Supreme Court upholds Denver ordinance
                                                      protecting mountain views), 5 PLR 3053
CLEAN WATER ACT                                       (1986)
D.C. Circuit upholds FHWA approval of Wilson        New state legislation provides tax benefits for
   Bridge replacement project, 18 PLR 1209            historic preservation, 9 PLR 1086 (1990)
   (1999)                                           Procedural challenge to Nashville design guide-
Eleventh Circuit upholds Army Corps’ permit           lines rejected due to passage of time; Boulder
   enabling construction of highway in Cobb           ordinances allowing special agreements for
   County historic district, 16 PLR 1136 (1997)       university’s historic property invalidated on
Federal court enjoins Route 710 Freeway Exten-        due process grounds, 22 PLR 1009 (2004)
   sion in Los Angeles area, 18 PLR 1132 (1999)     Property tax abatement for rehabilitations threat-
Federal court invalidates FHWA approval of            ened in Colorado, 2 PLR 1058 (1983)
   bridge project, 18 PLR 1098 (1999)               Transfer of development rights: economic incen-
Hough v. Marsh, 2 PLR 3025 (1983)                     tive for preservation, 1 PLR 1031 (1982)
                                                    Zoning law creating "business buffer historic
COAST GUARD AUTHORIZATION ACT                         zone" upheld, 13 PLR 1038 (1994)
Lighthouse conveyed under National Historic
  Lighthouse Act reverts to U.S. Coast Guard,       COLUMBIA RIVER GORGE NATIONAL
  22 PLR 1026 (2004)                                SCENIC ACT
                                                    State and federal courts address wide range of
COAST GUARD, U.S. (See DEPARTMENT                      preservation issues (Washington), 20 PLR
OF DEFENSE, U.S.)                                      1113 (2001)

COASTAL ZONE MANAGEMENT ACTS                        COMMUNITY DEVELOPMENT (See
ARTICLE: Adrienne V. Schmitz, “The Coastal          GRANT PROGRAMS)
  Zone Management Act’s Role in Historic
  Preservation,” 4 PLR 2078 (1985)                  COMPREHENSIVE ENVIRONMENTAL
California Costal Commission authority to issue     RESPONSE, COMPENSATION, AND
  mining permits preempted by federal law, 4        LIABILITY ACT (CERCLA) (See also
  PLR 1106 (1985)                                   ENVIRONMENTAL LIABILITY)
California Coastal Comm’n v. Granite Rock Co.       ARTICLE: JoAnna J. Barnes, “Environmental
  (state regulation of certain federally-owned        Liability Issues for Preservation Organiza-
  properties for environmental purposes upheld        tions,” 11 PLR 1017 (1992)
  by the Supreme Court), 6 PLR 3001 (1987)          ARTICLE: JoAnna J. Barnes, “Environmental
Court upholds California statute requiring $5,000     Liability Issues for Preservation Organizations
  building permit fee in lieu of public access to     as Property Owners, 11 PLR 1163 (1992)
  beach, 4 PLR 1104 (1985)                          Boarhead decision affirmed on appeal; court
Hawaii Supreme Court rules Native Hawaiians           lacks jurisdiction to compel compliance with
  retain traditional gathering rights on private      Section 106 in clean-up of hazardous waste

Master Index                  Preservation Law Reporter                                22 PLR 2013
  site, 10 PLR 1001 (1991)                               Worth, 3 PLR 1040 (1984)
EPA issues final regulations interpreting "secu-      Preservation law conference scheduled for San
  rity interest exemption" for hazardous waste           Francisco, 2 PLR 1008 (1983)
  liability under CERCLA, 11 PLR 1102 (1992)          Preservation tax incentives conferences sched-
EPA issues policy statement on lender liability          uled, 1 PLR 1007 (1982)
  under CERCLA, 16 PLR 1164 (1997)                    Preservation tax incentives conference update, 1
                                                         PLR 1017 (1982)
CONDEMNATION (See EMINENT                             Section 106 training session, 4 PLR 1039 (1985)
DOMAIN and TAKINGS, REGULATORY)                       Seminar on Americans with Disabilities Act, 11
                                                         PLR 1138 (1992)
CONFERENCES AND COURSES                               Seminar on legal problems of museum admini-
ALI-ABA conference on tax planning for his-              stration to be held in San Francisco, 4 PLR
   toric buildings to be held in Kansas City, 5          1087 (1985)
   PLR 1020 (1986)                                    The Willard conference: A forum on shaping the
American Bar Association offers tapes of Reus-           city, shaping the future, 6 PLR 1026 (1987)
   ing Old Buildings: Preservation Law and the
   Development Process, 4 PLR 1054 (1985)             CONNECTICUT
ARTICLE: Nancy C. Shanahan, “Downtown                 Approval of historic zoning overlay and expan-
   Preservation Strategies and Techniques” (San         sion for Stamford YMCA upheld by Con-
   Francisco), 3 PLR 2031 (1984)                        necticut trial court, 22 PLR 1016 (2004)
Attorney reviews ISTEA's transportation en-           ARTICLE: Gregory E. Andrews, “State Legisla-
   hancements program; enhancements confer-             tive Initiatives: Connecticut,” (demolition de-
   ence announced, 15 PLR 1018 (1996)                   lay ordinances authorized), 1 PLR 2071
Building codes and preservation, 6 PLR 1045             (1982)
   (1987)                                             ARTICLE: Dawn Maddox, “Update on Recom-
Conference on real estate syndication scheduled         mendations of Connecticut‘s Heritage Task
   for New Orleans, 3 PLR 1071 (1984)                   Force,” 4 PLR 2030 (1985)
Conference on syndicating affordable housing:         ARTICLE: Robert J. Sitkowski, Jr., “The Village
   opportunities and pitfalls for nonprofit organi-     Districts Act: What Does It Mean for Con-
   zations and local governments, 2 PLR 1046            necticut’s Historic Districts?,” 18 PLR 1171
   (1983)                                               (1999)
Federal projects and historic preservation law, 1     Connecticut and California courts address rela-
   PLR 1026 (1982)                                      tionship between "ministerial" and "discre-
Georgia building code workshops held, 4 PLR             tionary" acts in preservation context, 12 PLR
   1051 (1985)                                          1110 (1993)
Historic preservation law cassettes available, 4      Connecticut appeals court rejects free exercise
   PLR 1017 (1985)                                      claim in vinyl siding case, 18 PLR 1123
National Housing Law Project offers seminar on          (1999)
   syndication affordable housing, 4 PLR 1016         Connecticut appellate court reverses decision
   (1985)                                               denying subdivision approval for property in
National Trust sponsors first state preservation        historic district, 11 PLR 1129 (1992)
   legislation conference, 4 PLR 1069 (1985)          Connecticut awards grant for study of local legis-
New articles and conferences (maritime and              lative options to protect archeological re-
   federal preservation laws), 9 PLR 1150 (1990)        sources, 3 PLR 1053 (1984)
New publications; upcoming conferences (re-           Connecticut court upholds local commission's
   volving funds), 9 PLR 1130 (1990)                    denial of permission to install vinyl siding on
1982 preservation law conferences scheduled, 1          historic church, 17 PLR 1079 (1998)
   PLR 1008 (1982)                                    Connecticut enacts new preservation bills, 4 PLR
Preservation law conference to be held in Balti-        1107 (1985)
   more, 1 PLR 1037 (1982)                            Connecticut enacts scenic roads bill, 6 PLR 1023
Preservation law conference to be held in New           (1987)
   York, 1 PLR 1007 (1982)                            Connecticut Historical Comm’n v. 89 Main
Preservation Law and Tax Planning for Historic          Assocs. Ltd. Partnership (Connecticut court
   Buildings scheduled for Baltimore, 3 PLR             applies state public trust statute to enjoin
   1056 (1984)                                          demolition of historic structures), 8 PLR 3073
Preservation Law and Tax Planning for Historic          (1989)
   Buildings scheduled for San Francisco, 4 PLR       Connecticut passes two preservation related bills
   1068, 1085 (1985)                                    (Cooperative Use Act and ancient burial
Preservation law and the development process            places statute), 3 PLR 1053 (1984)
   scheduled for Fort Worth, 3 PLR 1057 (1984)        Connecticut Supreme Court rules that subdivi-
Preservation law conference scheduled for Fort          sion applications may be denied on basis of

22 PLR 2014                    Preservation Law Reporter                                  Master Index
   "historical factors," 12 PLR 1151 (1994)            3008 (1985)
Connecticut Supreme Court upholds Greenwich          Warner v. City of Norwich (Connecticut trial
   zoning commission’s denial of application for       court construes portion of state environmental
   historic overlay, 20 PLR 1202 (2001)                protection act covering historic structures), 4
Connecticut trial court finds historic districts       PLR 3003 (1985)
   may not be repealed by referendum, 18 PLR         U.S. Supreme Court hears two major takings
   1225 (1999)                                         cases, 22 PLR 1007 (2004)
Connecticut trial court rejects cell tower chal-
   lenge under state environmental act, 22 PLR       CONSERVATION DISTRICT
   1028 (2004)                                       ORDINANCES (See also DESIGN REVIEW
Connecticut trial court reverses permit denial for   ORDINANCES and HISTORIC
   parking lot in historic district, 10 PLR 1102     PRESERVATION ORDINANCES)
   (1991)                                            ARTICLE: Rebecca Lubens and Julia Miller,
Connecticut trial court upholds denial of large-        “Protecting Older Neighborhoods Through
   lot subdivision in Greenwich historic district,      Conservation District Programs,” 21 PLR
   10 PLR 1081 (1991)                                   1059 (2002-3)
Connecticut Trust for Historic Preservation v.       ARTICLE: Robert J. Sitowski, “The Village
   Interstate Commerce Comm’n (Second circuit           Districts Act: What Does It Mean for Con-
   upholds ICC’s decision to allow abandonment          necticut’s Historic Districts?,” 18 PLR 1171
   of the Historic Farmington Canal Branch of           (1999)
   the Boston & Maine Railroad), 7 PLR 2017          Groch v. City of Berkeley (neighborhood preser-
   (1988)                                               vation ordinance), 1 PLR 3074
Connecticut Trust publishes preservation law         Jurisdictions with conservation district programs,
   handbook, 3 PLR 1057 (1984)                          21 PLR 1108 (2002-3)
Farmington Savings Bank v. Zoning Board of           Sample conservation district ordinance provi-
   Appeals (validation statute upheld), 2 PLR           sions, 21 PLR 1059 (2002-3)
   3047 (1983)                                       Southland Corp. v. City of Boston (Massachu-
Gunther v. Groton Historic District Comm’n              setts trial court holds that 90-day interim pro-
   (solar panels), 1 PLR 3011 (1982)                    tection period does not apply to pending archi-
Historic preservation and zoning laws working in        tectural conservation districts), 4 PLR 3041
   tandem, 20 PLR 1093 (2000)                           (1985)
Incentive zoning regulations adopted in Hartford,
   3 PLR 1068 (1984)                                 CONSERVATION EASEMENTS (See
Installation of solar energy devices in historic     EASEMENTS)
   districts, 1 PLR 1036 (1982)
New legislation for certified historic rehabilita-   COUNCIL ON ENVIRONMENTAL
   tions enacted in Connecticut, Maine, Mary-        QUALITY
   land, Michigan, and West Virginia, 18 PLR         Advisory Council refers Presidential Parkway
   1163 (1999)                                         dispute to CEQ for comment, 3 PLR 1048
New state enabling legislation for local preserva-     (1984)
   tion commissions, 3 PLR 1039 (1984)
Recent decisions governing the removal of prop-      COURTS AND PROCEDURE
   erties from local historic registers, 20 PLR      APPEALS
   1080 (2001)                                       D.C. Circuit concludes that it lacks appellate
Religious protection laws considered on Capitol        jurisdiction in cell tower case, 22 PLR 1021
   Hill and by several state legislatures, 17 PLR      (2004)
   1124 (1998)                                       D.C. Court of Appeals lacks jurisdiction to re-
Several courts address preservation-related dis-       view landmark designation, 1 PLR 1052
   putes around the country (Connecticut Envi-         (1982)
   ronmental Protection Act), 20 PLR 1031            Property owner may appeal preservation com-
   (2001)                                              mission decision directly to court, 7 PLR 2049
Tierney v. Norwalk Planning and Zoning                 (1988)
   Comm’n (historic district invalidated), 3 PLR
   3016 (1984)                                       ARTICLES
Trial court upholds denial of application to con-    Richard B. Nettler, “Injunctions and Historic
   struct senior citizen housing near Stratford,       Preservation: An Overview,”2 PLR 2041
   Connecticut historic district, 17 PLR 1041          (1983)
   (1999)                                            Gary W. Wilburn, “Attorneys’ Fees Awards in
Vincino v. Wethersfield Historic District              Federal Historic Preservation Litigation,” 1
   Comm’n, (commission denial of artificial sid-       PLR 2041 (1982)
   ing permission upheld in Connecticut), 4 PLR

Master Index                  Preservation Law Reporter                                  22 PLR 2015
ATTORNEYS’ FEES                                       5 PLR 3055 (1986)
ARTICLE: Gary W. Wilburn, “Attorneys’ Fees
  Awards in Federal Historic Preservation Liti-     EXHAUSTION OF ADMINISTRATIVE
  gation,” 1 PLR 2041 (1982)                        REMEDIES
Attorneys’ fees awarded in second preservation      Harris Trust & Savings Bank v. Duggan (down-
  case, 2 PLR 1043 (1983)                             zoning and designation) 1 PLR 3079 (1982)
Attorneys’ fees awarded under NHPA, 1 PLR           Michigan court finds facial challenge to constitu-
  1010 (1982)                                         tionality of historic district challenge ripe for
Black Hills Alliance v. Regional Forester (costs      review, 22 PLR 1010 (2004)
  awarded to environmental plaintiff in case de-    Property owner may appeal preservation com-
  clared moot), 3 PLR 3039 (1984)                     mission decision directly to court, 7 PLR 2049
Blum v. Stenson (standards for upward fee ad-         (1988)
  justments), 3 PLR 3022 (1984)                     White v. Shull (removal from National Register),
Burr v. Town of Rangeley (attorney fees as-           1 PLR 3066 (1982)
  sessed against developers challenging build-
  ing moratorium), 7 PLR 2035 (1988)                INJUNCTIONS
Court affirms order requiring removal of addition   ARTICLE: Richard B. Nettler, “Injunctions and
  constructed in violation of easement agree-          Historic Preservation: An Overview,”2 PLR
  ment; attorneys’ fees award also upheld, 13          2041 (1983)
  PLR 1135 (1994)                                   Concerned Citizens for the Preservation of His-
Courts address requests for attorneys’ fees under      toric Commercial Scranton, Inc. v. City of
  Supreme Court’s Buckhannon standard, 22              Scranton (U.S. district court denies prelimi-
  PLR 1025 (2004)                                      nary injunctive relief pending completion of
Fee awards statute applicable to federal historic      historic and environmental reviews), 7 PLR
  preservation litigation, 1 PLR 2042 (1982)           2020 (1988)
Forest service agrees to take specific actions to   D.C. Circuit rules FDIC's failure to comply with
  fulfill NHPA responsibilities in Southwest, 5        Section 106 is not subject to injunctive relief,
  PLR 1043 (1986)                                      12 PLR 1096 (1993)
Goodwin v. Iowa State Highway Comm’n (land-         D.C. Circuit vacates earlier ruling that FDIC
  owners allowed to recover litigation expenses        cannot be enjoined for Section 106 violation,
  of successful federal court challenge to high-       12 PLR 1163 (1993)
  way, which resulted in abandonment of emi-        Erie, Pa. sues after building demolished, 3 PLR
  nent domain proceedings), 5 PLR 3026 (1986)          1009 (1984)
Morris County v. Trust for Historic Preservation    Federal court denies TRO to stop redevelopment
  v. Pierce (attorneys’ fees under NHPA), 3            of Chicago’s Maxwell Street, 19 PLR 1184
  PLR 3026 (1984)                                      (2000)
New Orleans lawsuit seeks interpretation of §       Kansas court of appeals denies owner injunctive
  110(f) of NHPA, 1 PLR 1010 (1982)                    relief in condemnation action for 100 year old
Paulina Lake Historic Cabin Owners Ass’n v.            building, 7 PLR 2012 (1988)
  U.S.D.A. Forest Service (plaintiffs allowed to    New Mexico appeals court rules preservation
  petition for attorneys’ fees under NHPA de-          groups have standing to enforce state preser-
  spite losing on the merits), 4 PLR 3039 (1985)       vation act, but denies motion for preliminary
Save the Tivoli, Inc. v. U.S. Dept. of Housing         injunction, 13 PLR 1096 (1994)
  and Urban Dev. (local preservation organiza-      New Orleans lawsuit seeks interpretation of §
  tion awarded attorneys’ fees for forcing D.C.        110(f) of NHPA, 1 PLR 1010 (1982)
  compliance with NHPA), 5 PLR 3036 (1986)          Pennsylvania court denies preliminary injunction
Time for appeal runs out on first award of attor-      to prevent demolition of Pittsburgh's Syria
  neys’ fees under NHPA, 1 PLR 1042 (1982)             Mosque, 10 PLR 1095 (1991)
Two different lawsuits challenging agency com-      Rhodes Tavern demolished in Washington, D.C.
  pliance with federal preservation laws dis-          (injunction lifted), 3 PLR 1066 (1984)
  missed in Louisiana, 22 PLR 1022 (2004)           Stand Together Against Neighborhood Decay,
U.S. Coast Guard directed to comply with federal       Inc. v. Board of Estimate (U.S. district court
  preservation laws before replacing lens in his-      denies preliminary injunctive relief to prevent
  toric lighthouse, 9 PLR 1091 (1990)                  condemnation of property in downtown
                                                       Brooklyn, holding that condemnation is not
EVIDENTIARY HEARINGS                                   irreparable), 7 PLR 2022 (1988)
Donnelly Associates v. District of Columbia         Tenth Circuit upholds denial of preliminary
  Historic Preservation Review Board (court            injunction in New Mexico highway expansion
  declines to impose full evidentiary hearing re-      case, 22 PLR 1021 (2004)
  quirements on historic designation procedure
  in absence of specific statutory requirement),    LACHES

22 PLR 2016                   Preservation Law Reporter                                 Master Index
Committee to Save the Fox Building v. Birming-            3031 (1989)
   ham Branch of Federal Reserve Bank (not a
   major federal action), 1 PLR 3102 (1982)            REMOVAL/SUPPLEMENTAL JURISDICTION
Friends of Sierra Railroad, Inc. v. I.C.C. (Ninth      Seventh Circuit ruling in Chicago Landmarks
   circuit holds it lacks jurisdiction to review         case limits right of local governments to re-
   ICC's failure to consider effect of actions on        move preservation challenges to federal court,
   historic railroad line), 8 PLR 3036 (1989)            16 PLR 1015 (1997)
                                                       U.S. Supreme Court reverses Seventh Circuit in
Preservation Coalition v. Pierce (urban renewal),        International College of Surgeons, 16 PLR
   1 PLR 3044 (1982)                                     1169 (1997)
Preservation Coalition v. Pierce 1 PLR 3055
   (1982)                                              RES JUDICATA
Procedural challenge to Nashville design guide-        Several courts address preservation-related dis-
   lines rejected due to passage of time; Boulder        putes around the country (Delaware)), 20 PLR
   ordinances allowing special agreements for            1035 (2001)
   university’s historic property invalidated on
   due process grounds, 22 PLR 1009 (2004)             RIPENESS
                                                       Church of St. Paul & St. Andrew v. Barwick
MOOTNESS                                                  (First Amendment challenge to New York
Decision in Brief: Schmidt v. Ivey, 18 PLR 1216           City landmark ordinance dismissed on ripe-
   (1999)                                                 ness grounds), 5 PLR 3017 (1986)
Fifth Circuit finds lawsuit to compel compliance       Florida appeals court rejects facial challenge to
   with NHPA for Vieux Carre aquarium project             designation of historic district in Miami, 13
   is not moot despite completion of construc-            PLR 1179 (1994)
   tion, 11 PLR 1055 (1992)
NHPA and NEPA claims dismissed in California           SANCTIONS/REMEDIES
   lawsuit; Court rules claims "cut off" when          Board of County Comm’rs v. Schuhly (Maryland
   federal agency releases funds, 16 PLR 1027             Court of Special Appeals affirms county deci-
   (1997)                                                 sion to rezone land from “conservation” to
Two different lawsuits challenging agency com-            “business-general” near Antietam Battlefield),
   pliance with federal preservation laws dis-            6 PLR 3033 (1987)
   missed in Louisiana, 22 PLR 1022 (2004)             Buttnick v. City of Seattle (Washington Supreme
Tyler v. Cisneros overturned on appeal; MOA               Court upholds requirement that owner of a
   remains binding after transfer of HUD funds,           building within a historic district replace a de-
   17 PLR 1024 (1998)                                     teriorating parapet), 5 PLR 3039 (1986)
                                                       City of Chicago v. Roppolo (constructive trust
PRIVATE RIGHT OF ACTION                                   imposed against building owner for illegal
Carson v. Avord (NEPA and NHPA), 1 PLR                    demolition), 3 PLR 3044 (1984)
   3076 (1982)                                         City of Villa Grove v. Missouri Pacific Railroad
Chilkat Indian Village v. Johnson (Indian tribe           Co., (illegal demolition) 1 PLR 3013 (1982)
   does not have private cause of action under         Connecticut passes two preservation related bills
   federal statute prohibiting theft of Indian arti-      (Cooperative Use Act and ancient burial
   facts), 8 PLR 3034 (1989)                              places statute), 3 PLR 1053 (1984)
Federal court upholds action to compel Oakland         Daniel v. Louisiana Department of Transporta-
   to comply with Section 106, 11 PLR 1147                tion (damages for historic tree removal), 3
   (1992)                                                 PLR 3019 (1984)
Federal district court dismisses Section 106           Hunter v. City of Cleveland (Ohio court holds
   lawsuit against City of Columbus; allows an-           city not responsible for damages for with-
   ticipatory demolition lawsuit to proceed               drawing erroneous building permits in historic
   against FHWA, 17 PLR 1030 (1998)                       district), 8 PLR 3066 (1989)
Federal district court rules it lacks authority to     Improved Dwelling Co. v. Flannery (Civil court
   compel U.S. Army to further maintain historic          requires tenants to allow landlord access to in-
   buildings under NHPA, 15 PLR 1200 (1996)               stall new windows in premises designated as
Fifth Circuit, in third ruling in Vieux Carre case,       landmark and subject to affirmative mainte-
   rules Army Corps not required to comply with           nance requirement), 6 PLR 3044 (1987)
   NHPA, 14 PLR 1007 (1995)                            Indiana ex rel. Historic Landmarks Foundation
Vieux Carre Property Owners v. Brown (Fifth               of Indiana, Inc. v. White River Dev. Comm’n
   circuit creates Section 106 exemption for "in-         (Indiana court requires state commission to
   consequential" licensing activities and holds          reconstruct demolished historic school), 5
   NHPA does not give rise to private cause of            PLR 3005 (1986)
   action against non-agency defendants), 8 PLR        Kennedy v. Planning Bd. of Tarrytown (New

Master Index                    Preservation Law Reporter                                   22 PLR 2017
   York trial court requires owner of historic          toric Landmark, 21 PLR 1179 (2002-3)
   building to remove incompatible addition), 8      First Circuit dismisses lawsuit challenging
   PLR 3063 (1989)                                      FAA’s compliance with federal preservation
Marr v. Back Bay Architectural Comm’n (trial            laws in approving additional commercial air-
   court may not direct issuance of certificate of      line flights from Hanscom Field, 20 PLR 1194
   appropriateness except in exceptional circum-        (2001)
   stances), 6 PLR 3014 (1987)                       Fourth Circuit rules adjacent property owners
Maryland court rules that subsequent purchaser          have standing to enforce Section 106, 20 PLR
   of house in historic district is not subject to      1188 (2001)
   criminal sanctions under city code, 10 PLR        Georgia appeals court denies neighborhood
   1068 (1991)                                          association standing to challenge rezoning ac-
Matter of Parkview Assocs. v. City of New York          tion, 15 PLR 1024 (1996)
   (New York court of appeals orders developer       Harris Trust & Savings Bank v. Duggan (adja-
   to tear down top twelve stories of building          cent property owners), 2 PLR 3042 (1983)
   constructed in violation of zoning laws), 7       Historic district property owners have standing to
   PLR 2036 (1988)                                      challenge demolition approval under New
New York City sues developer and demolition             York law, 14 PLR 1252 (1995)
   contractor for demolition without permits, 4      Inter-Tribal Council of Nevada, Inc. v. Hodel
   PLR 1031 (1985)                                      (Indian Council lacks standing to challenge
Ohio court upholds conviction for violation of          Department of Interior sale of Indian school
   Toledo's historic preservation ordinance, 12         listed on National Register), 7 PLR 2050
   PLR 1028 (1993)                                      (1988)
Parker v. Beacon Hill Arch. Comm’n (Massa-           Kansas court finds citizen taxpayer lacks stand-
   chusetts court affirms denial of certificate of      ing to challenge tree removal on historic
   appropriateness to alter Beacon Hill rowhouse        courthouse grounds, 7 PLR 2058 (1988)
   (and orders removal of partially completed        Landmarks Preservation Council of Illinois v.
   story)), 8 PLR 3054 (1989)                           City of Chicago (Chicago city council not re-
Proskin v. Donovan (New York court affirms              quired to follow landmarks ordinance in de-
   order to remove granite facade on historically       certifying designated landmark; local organi-
   significant house), 8 PLR 3059 (1989)                zations lack standing to sue, 7 PLR 2053
Trinity Church v. John Hancock Mutual Life Ins.         (1988)
   Co. (Massachusetts Supreme Judicial Court         Lighthouse conveyed under National Historic
   affirms $3.6 million award to church for struc-      Lighthouse Act reverts to U.S. Coast Guard,
   tural damages resulting from neighboring ex-         22 PLR 1026 (2004)
   cavation work), 6 PLR 3035 (1987)                 Neighborhood Dev. Corp. v. Advisory Council
                                                        on Historic Preservation, 1 PLR 3008 (1982)
STANDING                                             New Mexico appeals court rules preservation
Benton Franklin Riverfront Trailway and Bridge          groups have standing to enforce state preser-
   Committee v. Lewis (Section 4(f)), 2 PLR             vation act, but denies motion for preliminary
   3031 (1983)                                          injunction, 13 PLR 1096 (1994)
Challenges to BLM’s compliance with federal          New York Court of Appeals declines to review
   preservation laws produce mixed results, 22          two preservation cases, 21 PLR 1204 (2002-3)
   PLR 1019 (2004)                                   Ninth Circuit gives National Park Service green
Citizen taxpayer lacks standing to challenge tree       light on Presidio clubhouse project, 17 PLR
   removal on courthouse grounds, 7 PLR 2058            1206 1998)
   (1988)                                            Non-resident neighbors have standing to appeal
Committee to Save the Fox Building v. Birming-          or intervene in municipal zoning case, 7 PLR
   ham Branch of Federal Reserve Bank (NEPA             2057 (1988)
   and NHPA), 1 PLR 3102 (1982)                      Rudey v. Landmarks Preservation Comm’n
Delaware Supreme Court rules historical society         (shareholders of cooperative building have
   and historic district landowners may challenge       standing to challenge decision requiring resto-
   office building project, 21 PLR 1218 (2002-3)        ration of apartment's wooden windows), 7
Federal court upholds action to compel Oakland          PLR 2055 (1988)
   to comply with Section 106, 11 PLR 1147           Several courts address standing requirements
   (1992)                                               with varying results, 19 PLR 1065 (2000)
Federal district court dismisses Section 106         Standing of building users to challenge proposed
   lawsuit against City of Columbus; allows an-         demolition, 1 PLR 3008 (1982)
   ticipatory demolition lawsuit to proceed          Tyler v. Cisneros overturned on appeal; MOA
   against FHWA, 17 PLR 1030 (1998)                     remains binding after transfer of HUD funds,
Federal district court upholds historic preserva-       17 PLR 1024 (1998)
   tion plan for Medicine Wheel National His-        U.S. district court dismisses lawsuit challenging

22 PLR 2018                   Preservation Law Reporter                                  Master Index
  church consent provision in Chicago preserva-        PLR 1019 (2004)
  tion ordinance on standing grounds, 9 PLR         Federal protection of National Historic Land-
  1121 (1990)                                          marks litigated (§ 110(f)), 2 PLR 1001 (1983)
                                                    Forest Service agrees to take specific actions to
CULTURAL PRESERVATION                                  fulfill NHPA responsibilities in Southwest, 5
Cultural conservation report to be published, 2        PLR 1043 (1986)
  PLR 1041 (1983)                                   Lyng v. Northwest Indian Cemetery Protective
                                                       Assn. (U.S. Supreme Court holds that Indian
                       D                               tribes do not have constitutional right to block
                                                       federal road construction project near sacred
DELAWARE                                               grounds in national forest), 7 PLR 2001
Approval of Dover construction project reversed        (1989)
   on remand as inconsistent with design stan-      Ninth Circuit enjoins Forest Service land ex-
   dards, 22 PLR 1013 (2004)                           change affecting traditional cultural property,
Delaware Supreme Court affirms denial of per-          18 PLR 1095 (1999)
   mit for aluminum storm door, 11 PLR 1133         Ninth Circuit upholds U.S. Forest Service’s
   (1992)                                              approval of Alaskan timber sales under
Delaware Supreme Court rules historical society        NHPA, 18 PLR 1140 (1999)
   and historic district landowners may challenge   Northwest Indian Cemetery Protective Ass’n v.
   office building project, 21 PLR 1218 (2002-3)       Peterson (California Wilderness Act does not
Several courts address preservation-related dis-       affect Ninth Circuit’s earlier ruling enjoining
   putes around the country (due process), 20          logging and roar construction on Indian sacred
   PLR 1035 (2001)                                     lands within a national forest), 5 PLR 3052
Several courts address preservation-related dis-       (1986)
   putes around the country (tax exemption), 20     Northwest Indian Cemetery Protective Ass’n v.
   PLR 1037 (2001)                                     Peterson (Ninth circuit bans logging on Indian
States adopt new measures to preserve historic         sacred land within national forest), 5 PLR
   buildings (tax incentives), 20 PLR 1214             3010(1986)
   (2001)                                           Paulina Lake Historic Cabin Owners Ass’n v.
Two new federal shipwrecks cases decided, 5            U.S.D.A. Forest Service (assertion of owner-
   PLR 3043 (1986)                                     ship interest by Forest Service in structures
                                                       erected on government land does not consti-
DELEGATION OF LEGISLATIVE                              tute “federal undertaking” under NHPA), 4
AUTHORITY (See DUE PROCESS)                            PLR 3039 (1985)
                                                    Preservation groups and state of New Mexico
DEMOLITION CONTROLS (See                               file suit against U.S. Forest Service to enforce
HISTORIC PRESERVATION ORDINANCES                       compliance with federal preservation laws, 4
and LAND USE REGULATION)                               PLR 1047 (1985)
                                                    Tenth Circuit rules Forest Service violated
DEPARTMENT OF AGRICULTURE, U.S.                        NHPA in approving visitor management pro-
Federal archeological resources law enforcement        gram in Las Huertas Canyon, 14 PLR 1185
   receives new emphasis, 2 PLR 1035 (1983)            (1995)
Final rules to implement Archeological Re-          U.S. Government efforts to accommodate reli-
   sources Protection Act of 1979 published, 3         gious exercise of Native Americans withstand
   PLR 1017 (1984)                                     establishment clause claims, 22 PLR 1003
                                                       (2004)
FARMERS HOME ADMINISTRATION
Farmers Homes Administration proposed hous-         DEPARTMENT OF DEFENSE, U.S.
  ing preservation grants rules, 4 PLR 1101         Final rules to implement Archeological Re-
  (1985)                                               sources Protection Act of 1979 published, 3
Omnibus housing legislation contains large fund-       PLR 1017 (1984)
  ing for rehabilitation (rural housing program),   New York lawsuit forces transfer of historic
  3 PLR 1001 (1984)                                    properties to national recreation area, 3 PLR
                                                       1018 (1984)
U.S. FOREST SERVICE
California Coastal Comm’n v. Granite Rock Co.       UNITED STATES ARMY
  (state regulation of certain federally-owned      Federal appeals court declines to hold U.S. Army
  properties for environmental purposes upheld        responsible for demolition by neglect, 19 PLR
  by the Supreme Court), 6 PLR 3001 (1987)            1214 (1999)
Challenges to BLM’s compliance with federal         Federal district court rules it lacks authority to
  preservation laws produce mixed results, 22         compel U.S. Army to further maintain historic

Master Index                  Preservation Law Reporter                                 22 PLR 2019
  buildings under NHPA, 15 PLR 1200 (1996)               bilitation to National Register-eligible prop-
                                                         erty under the rental rehabilitation and hous-
UNITED STATES COAST GUARD                                ing development grant programs, 3 PLR 1027
Federal district court rules U.S. Coast Guard            (1984)
   satisfied NEPA and NHPA in deciding to             IRS approves exempt organization’s participa-
   close operations on Governors Island, 16 PLR          tion in limited partnership to renovate vacant
   1191 (1997)                                           school for conversion to low- and moderate-
Lighthouse conveyed under National Historic              income housing, 5 PLR 1038 (1986)
   Lighthouse Act reverts to U.S. Coast Guard,        Morris County Trust for Historic Preservation v.
   22 PLR 1026 (2004)                                    Pierce (ongoing federal involvement in urban
St. Tammany Parish v. Coast Guard Comman-                renewal project triggers NEPA and NHPA), 2
   dant, 1 PLR 3009 (1982)                               PLR 3064 (1983)
U.S. Coast Guard directed to comply with federal      NHPA and NEPA claims dismissed in California
   preservation laws before replacing lens in his-       lawsuit; Court rules claims "cut off" when
   toric lighthouse, 9 PLR 1091 (1990)                   federal agency releases funds, 16 PLR 1027
                                                         (1997)
DEPARTMENT OF HOUSING AND                             Natural Resources Defense Council, Inc. v. City
URBAN DEVELOPMENT, U.S.                                  of New York (NEPA and NHPA compliance
Chicago Theater settlement jeopardized, 4 PLR            in theater litigation), 2 PLR 3015 (1983)
   1049 (1985)                                        New Orleans lawsuit seeks interpretation of §
Chicago Theater settlement saved by 11th-hour            110(f) of NHPA, 1 PLR 1010 (1982)
   approval of UDAG grant, 4 PLR 1063 (1985)          Omnibus housing legislation contains large fund-
Concerned Citizens for the Preservation of His-          ing for rehabilitation, 3 PLR 1001 (1984)
   toric Commercial Scranton, Inc. v. City of         Preservation Coalition v. Pierce (settlement
   Scranton (U.S. district court denies prelimi-         action triggering NEPA and NHPA review), 1
   nary injunctive relief pending completion of          PLR 3044, 3055 (1982)
   historic and environmental reviews), 7 PLR         Save the Tivoli, Inc. v. U.S. Dept. of Housing
   2020 (1988)                                           and Urban Dev. (local preservation organiza-
District court fails to find federal undertaking in      tion awarded attorneys’ fees for forcing D.C.
   Harlem warehouse case, 22 PLR 1024 (2004)             compliance with NHPA), 5 PLR 3036 (1986)
Enterprise zone legislation introduced, 1 PLR         Tyler v. Cisneros overturned on appeal; MOA
   1035 (1982)                                           remains binding after transfer of HUD funds,
Federal court upholds action to compel Oakland           17 PLR 1024 (1998)
   to comply with Section 106, 11 PLR 1147            Vieux Carre Property Owners v. Pierce (Section
   (1992)                                                110(f) of the NHPA) , 1 PLR 3095 (1982)
Federal district court upholds action challenging     Wicker Park Historic District Preservation Fund
   adequacy of environmental impact statement            v. Pierce (NEPA and NHPA), 2 PLR 3044
   for Atlantic Terminal Project, 7 PLR 2029             (1983)
   (1988)                                             Working partners catalog of community devel-
Fifth Circuit recognizes section 106 applies to          opment projects available from HUD, 4 PLR
   properties not officially determined eligible         1039 (1985)
   for the National Register, 5 PLR 3029 (1986)
General Accounting Office issues report on            DEPARTMENT OF INTERIOR, U.S.
   major Urban Development Action Grant is-           American Horse Protection Ass‘n v. Dept. of
   sues, 4 PLR 1008 (1985)                              Interior (NEPA), 2 PLR 3055 (1983)
Guaranteed financing of project challenged            Buffalo lawsuit appeals failure to nominate
   under NHPA, 1 PLR 3076 (1982)                        buildings, 1 PLR 1006 (1882)
House approves appropriations for Historic            Certified rehabilitation bulletins available, 1 PLR
   Preservation Fund and HUD, 4 PLR 1071                1028 (1982)
   (1985)                                             Controversial revisions to federal tax incentive
HUD implements changes in community devel-              regulations pending at the U.S. Department of
   opment block grant program, 4 PLR 1098               the Interior, 2 PLR 1011 (1983)
   (1985)                                             Cultural conservation report to be published, 2
HUD issues final regulations issued for urban           PLR 1041 (1983)
   homesteading program, 4 PLR 1099 (1985)            Department of Interior issues final rules imple-
HUD issues interim regulations for the rental           menting NAGPRA, 15 PLR 1047 (1996)
   rehabilitation program , 3 PLR 1034 (1984)         Department of Interior issues new regulations
HUD permits uses to Community Development               governing the care of federal archaeological
   Block Grants for HODAG and rental rehabili-          collections, 9 PLR 1136 (1990)
   tation grant programs, 3 PLR 1051 (1984)           Development agreement protects Waterford,
HUD will apply Secretary’s standards for reha-          Virginia National Historic Landmark, 7 PLR

22 PLR 2020                    Preservation Law Reporter                                  Master Index
   1025 (1988)                                          PLR 1012 (1983)
Federal archeological resources law enforcement       U.S. cultural properties proposed for World
   receives new emphasis, 2 PLR 1035 (1983)             Heritage list, 2 PLR 1022 (1983)
Federal courts rule that NEPA and NHPA obliga-        Washington Trust for Historic Preservation v.
   tions expire once project is completed, 11           City of Seattle (U.S. district court enforces
   PLR 1089 (1992)                                      compliance with Memorandum of Agreement
Fill the Pool Committee v. Village of Johnson           under Section 106 and enjoins city from de-
   City (NEPA, NHPA, SEQRA), 2 PLR 3049                 molishing historic buildings), 7 PLR 2024
   (1983)                                               (1988)
Friends of the Shawangunks, Inc. v. Clark             White v. Shull, 1 PLR 3066 (1982)
   (change in use of land subject to conservation
   easement held not a “conversion” under Land        BUREAU OF LAND MANAGEMENT
   and Water Conservation Fund Act because            Challenges to BLM’s compliance with federal
   public previously lacked access to land sub-         preservation laws produce mixed results, 22
   ject to easement), 4 PLR 3028 (1985)                 PLR 1019 (2004)
Final rules to implement Archeological Re-            Proposed changes to coal management program
   sources Protection Act of 1979 published, 3          rules would weaken protection for historic
   PLR 1017 (1984)                                      properties (BLM), 2 PLR 1024 (1983)
Historic trails added to National Trails System
   (trails studies and management), 2 PLR 1018        NATIONAL PARK SERVICE
   (1983)                                             ARTICLE: Lars A. Hanslin, “Recent Amend-
Interior Department adopts historic preservation        ments to the National Park Service Regula-
   policy (stewardship), 1 PLR 1015 (1982)              tions for Certification of Historic Building
Interior Department proposed land protection            Rehabilitations, 3 PLR 2081 (1984)
   guidelines for National Park units, 2 PLR          Availability of cumulative listing of properties
   1022 (1983)                                          included in the National Register, 3 PLR 1028
Interior Department revising surface coal mining        (1984)
   regulations, 1 PLR 1054 (1982)                     Crosby v. United States (U.S. district court up-
Interior Secretary issues standards and guidelines      holds relocation of national scenic trail near
   for archeology and historic preservation, 3          historic Shaker settlement), 6 PLR 3028
   PLR 1016 (1984)                                      (1987)
Inter-Tribal Council of Nevada, Inc. v. Hodel         Decision in Brief: Davis v. Latschar, 18 PLR
   (Indian Council lacks standing to challenge          1215 (1999)
   Department of Interior sale of Indian school       D.C. Circuit upholds decision of National Park
   listed on National Register), 7 PLR 2050             Service to surrender easement restricting
   (1988)                                               building height, 5 PLR 3012 (1986)
Misunderstanding over tax credits causes unnec-       Eighth Circuit affirms NPS discretion in provid-
   essary destruction of mural in Washington, 4         ing accessibility at historic sites in dismissal
   PLR 1061 (1985)                                      of "slip and fall" case at St. Louis Arch, 17
Motorcycle race affecting California desert ar-         PLR 1056 (1998)
   cheological sites subject of lawsuit, 2 PLR        Lease and exchange of historic properties by the
   1060 (1983)                                          National Park Service (programmatic agree-
Moving National Register property jeopardizes           ment) 1 PLR 1043 (1982)
   eligibility for ITC, r PLR 1106 (1985)             NPS and National Trust issue new guidance on
Nardy v. Secretary of Interior (rehabilitation          historic preservation and affordable housing,
   certification denial), 1 PLR 3030 (1982)             14 PLR 1062 (1995)
New York lawsuit forces transfer of historic          National Park Service begins leasing historic
   properties to national recreation area, 3 PLR        properties, 4 PLR 1029 (1985)
   1018 (1984)                                        National Park Service finds last-minute creation
Proposed rehabilitation tax rules issued, 7 PLR         of multiple ownership of property insufficient
   1015 (1988)                                          to undermine previous National Register list-
Second Circuit upholds denial of application to         ing, 2 PLR 1051 (1983)
   de-list Coleman Station Historic District, 18      National Park Service issues brochure explaining
   PLR 1125 (1999)                                      tax incentives for historic buildings, 4 PLR
Secretary of the Interior issues new section 110        1040 (1985)
   guidelines, 17 PLR 1238 (1998)                     National Park Service issues new Technical
Secretary of the Interior's Standards revised, 11       Bulletins, 4 PLR 1052 (1985)
   PLR 1191 (1992)                                    National Park Service issues rehabilitation statis-
Section 110 guidelines issued, 7 PLR 1017               tics for fiscal year 1984, 4 PLR 1030 (1985)
   (1988)                                             National Park Service issues report on tax incen-
Statistics released for preservation tax credits, 2     tives for fiscal year 1990, 10 PLR 1091 (1991)

Master Index                   Preservation Law Reporter                                  22 PLR 2021
National Park Service: Leasing and exchanging           SURFACE MINING CONTROL AND
   historic properties, 2 PLR 1007 (1983)               RECLAMATION ACT and MINING)
National Park Service legislation proposed, 7           Interior Department revising surface coal mining
   PLR 1005 (1988)                                         regulations, 1 PLR 1054 (1982)
National Park Service operation of Missions             Office of Surface Mining litigation, 6 PLR 1002
   National Park, 3 PLR 2016 (1984)                        (1987)
National Park Service publishes final regulations       Office of Surface Mining required to expand
   for historic rehabilitation tax certification, 3        protection of cultural resources, 4 PLR 1080
   PLR 1026 (1984)                                         (1985)
National Park Service publishes new book on             Revised surface coal mining regulations issued, 2
   protecting archaeological resources on private          PLR 1010 (1983)
   lands, 13 PLR 1017 (1994)                            Surface coal mining regulations draw legal chal-
National Park Service publishes proposed regula-           lenge, 3 PLR 1009 (1984)
   tions on historic preservation tax certifica-        U.S. district court invalidates federal surface
   tions, 2 PLR 1039 (1983)                                mining regulations, 10 PLR 1151 (1991)
National Park Service publishes statistics on the
   tax incentive program, 3 PLR 1024 (1984)             DEPARTMENT OF
National Park Service regulations establish pro-        JUSTICE, U.S.
   cedures for agencies to waive section 110 re-        Office of Legal Counsel concludes that current
   sponsibilities during national emergencies, 4          and proposed Advisory Council regulations
   PLR 1079 (1985)                                        are invalid, 3 PLR 1016 (1984)
National Park Service reorganization, 1 PLR
   1054 (1982)                                          DEPARTMENT OF STATE, U.S.
National Park Service revises certification regu-       District court orders Foreign Missions Board to
   lations, including Secretary's rehabilitation          "substantially comply" with Section 106 and
   standards, 9 PLR 1030 (1990)                           local preservation law, 12 PLR 1075 (1993)
National Park Service's denial of tax certification
   for rehabilitation project upheld by district        DEPARTMENT OF TRANSPORTATION
   court, 9 PLR 1161 (1990)                             ACT,
National Register considers two hardship cases,         SECTION 4(f)
   1 PLR 1006 (1982)                                    Advisory Council refers Presidential Parkway
National Register procedures revised, 3 PLR                dispute to CEQ for comment, 3 PLR 1048
   1066 (1984)                                             (1984)
National Register program, 1 PLR 2023 (1982)            Appeals court rules section 4(f) obligations satis-
National Register reopened, 1 PLR 1014 (1982)              fied in North Carolina road project, 9 PLR
New director appointed for National Park Ser-              1155 (1990)
   vice, 5 PLR 1063 (1985)                              ARTICLE: Gary W. Wilburn, “Transportation
New National Register regulations expected, 1              Projects and Historic Preservation: Recent
   PLR 1003 (1982)                                         Developments under Section 4(f) of the De-
Ninth Circuit gives National Park Service green            partment of Transportation Act,” 2 PLR 2017
   light on Presidio clubhouse project, 17 PLR             (1983)
   1206 (1998)                                          Ashwood Manor Civic Ass’n v. Dole (delegation
Preservation tax incentive conferences sched-              upheld of Secretary of Transportation’s au-
   uled, 1 PLR 1007 (1982)                                 thority to approve highway under Section
Regulations for approved state and local gov-              4(f)), 5 PLR 3022 (1986)
   ernment historic preservation programs pub-          Benton Franklin Riverfront Trailway and Bridge
   lished, 3 PLR 1027 (1984)                               Committee v. Lewis (bridge replacement), 1
St. Charles Assocs. v. United States (federal              PLR 3028 (1982)
   district court upholds National Park Service         Benton Franklin Riverfront Trailway and Bridge
   refusal to certify historic rehabilitation project      Committee v. Lewis (Section 4(f)), 2 PLR
   for tax credit eligibility), 6 PLR 3025 (1987)          3031 (1983)
Schneider Partnership v. Department of the Inte-        Citizen Advocates for Responsible Expansion,
   rior (Federal district court upholds National           Inc. (I-CARE) v. Dole(constructive use doc-
   Park Service’s authority to review interiors            trine under Section 4(f) applied to stop ex-
   under federal tax credit program) 7 PLR 2033            panded overhead highway project in Fort
   (1988)                                                  Worth), 4 PLR 3054 (1985)
Status of National Park Service Cultural Re-            Citizens Advocates for Responsible Expansion,
   source Program regulations, 3 PLR 1051                  Inc. (I-Care) v. Dole (increase in preexisting
   (1984)                                                  aesthetic and economic harm held not con-
                                                           structive “use” under § 4(f)), 3 PLR 3048
OFFICE OF SURFACE MINING (See also                         (1984)

22 PLR 2022                     Preservation Law Reporter                                   Master Index
Coalition Against a Raised Expressway, Inc.             sites, 5 PLR 1013 (1986)
   (CARE) v. Dole (Mobile, Ala. federal court        Federal judge enjoins state and local officials
   applies constructive use doctrine under section      from receiving federal funds for Indiana
   4(f) to stop elevated downtown waterfront            highway project, 22 PLR 1020 (2004)
   highway), 5 PLR 3030 (1986)                       First Circuit dismisses lawsuit challenging
Coalition Against a Raised Expressway, Inc.             FAA’s compliance with federal preservation
   (CARE) v. Dole (U.S. Court of Appeals up-            laws in approving additional commercial air-
   holds constructive use doctrine under Section        line flights from Hanscom Field, 20 PLR 1194
   4(f) to halt elevated downtown highway in            (2001)
   Mobile, Alabama), 7 PLR 2018 (1988)               Fort Worth elevated freeway case on appeal, 4
Corridor H case reversed on appeal, deferral of         PLR 1012 (1985)
   historic resource review until after highway      Georgia court rules that agreements under Sec-
   approval violates Section 4(f), 18 PLR 1047          tion 106 and Section 4(f) do not require transit
   (1999)                                               authority to donate parkland, 10 PLR 1049
Decision in Brief: Hopi Tribe v. Federal High-          (1991)
   way Administration, 18 PLR 1050 (1999)            Hawaiian highway given congressional exemp-
Decision in Brief: Morongo Band of Mission              tion from Section 4(f), 5 PLR 3037 (1986)
   Indians v. Federal Aviation Administration,       Historic bridges: FHWA’s final plan (program-
   18 PLR 1050 (1999)                                   matic agreement), 2 PLR 1006 (1983)
Department of Transportation revises impact          Historic Fort Sanders Neighborhood Ass’n, Inc.
   assessment procedures, 6 PLR 1037 (1987)             v. Dole (U.S. District Court rules highway in-
D.C. Circuit denies preservation challenge to           terchange near Knoxville Historic District
   FAA approval of Dallas/Ft. Worth airport ex-         fails to comply with Section 4(f), NEPA), 5
   pansion, 13 PLR 1090 (1994)                          PLR 3049 (1986)
D.C. Circuit sidesteps segmentation issue in         Legal battles continue in Presidential Parkway
   Baltimore light rail litigation, 9 PLR 1124          disputes, 4 PLR 1081 (1985)
   (1990)                                            Maryland highway proposal sent back to De-
D.C. Circuit upholds FHWA approval of Wilson            partment of Transportation for Section 4(f)
   Bridge replacement project, 18 PLR 1209              compliance, 4 PLR 1102 (1985)
   (1999)                                            National Trust and Fort Worth file suit over
Druid Hills Civic Ass’n v. FHWA and National            highway expansion plans, 2 PLR 1024 (1983)
   Trust for Historic Preservation v. FHWA           National Trust files Section 4(f) suit in Atlanta to
   (Presidential Parkway alternatives inade-            stop presidential parkway, 3 PLR 1065 (1984)
   quately explored under Section 4(f)(2)), 4        National Trust for Historic Preservation v. Dole
   PLR 3057 (1985)                                      (construction of suicide barriers on historic
Eagle Foundation, Inc. v. Dole (Seventh circuit         bridge does not “use” the bridge, D.C. circuit
   rules that proposed Illinois highway project         holds, and does not require section 4(f) re-
   complies with Section 4(f) after original plans      view), 6 PLR 3004 (1987)
   modified), 5 PLR 3047 (1986)                      National Trust joins lawsuit in Mobile, Ala. to
Efforts to enjoin Albuquerque bridge construc-          stop elevated freeway, 4 PLR 1032 (1985)
   tion project unsuccessful; federal and state      New Hampshire case invalidating FHWA regula-
   preservation laws held not to apply, 10 PLR          tions is pending on appeal, 4 PLR 1032
   1004 (1991)                                          (1985)
Federal court enjoins Route 710 Freeway Exten-       Preservationists fight efforts to weaken Section
   sion in Los Angeles area, 18 PLR 1132 (1999)         4(f) of the Department of Transportation Act,
Federal court invalidates FHWA approval of              22 PLR 1035 (2004)
   bridge project, 17 PLR 1098 (1999)                Presidential Parkway opponents lose round one
Federal district court dismisses Section 106            but file expedited appeal, 4 PLR 1013 (1985)
   lawsuit against City of Columbus; allows an-      Recent decisions under Section 4(f), 5 PLR 3011
   ticipatory demolition lawsuit to proceed             (1986)
   against FHWA, 17 PLR 1030 (1998)                  Section 4(f) appeal dismissed as moot by Sev-
Federal district court upholds FHWA approval of         enth Circuit, 4 PLR 1082 (1985)
   "Corridor H" highway in West Virginia, 17         "Segmentation" of transportation projects: courts
   PLR 1040 (1998)                                      fail to halt a growing problem, 9 PLR 1018
Federal Highway Administration adopts expe-             (1990)
   dited approval process for highway projects       Stop H-3 Ass’n v. Dole (Ninth circuit upholds
   having “minor involvement” with historic             Section 4(f) exemption for federal road con-
   sites, 6 PLR 1002 (1987)                             struction project in Hawaii), 8 PLR 3038
Federal Highway Administration proposes expe-           (1989)
   dited approval process for highway projects       Stop H-3 Ass’n v. Dole (rejection of no-build
   having “minor involvement” with historic             alternative held to violate Section 4(f)), 3 PLR

Master Index                  Preservation Law Reporter                                   22 PLR 2023
  3054 (1984)
Tenth Circuit upholds denial of preliminary         FEDERAL HIGHWAY ADMINISTRATION
  injunction in New Mexico highway expansion        (See also, DEPARTMENT OF
  case, 22 PLR 1021 (2004)                          TRANSPORTATION ACT, SECTION 4(f))
Third circuit upholds FHWA’s rejection of Advi-     Federal Highway Administration adopts expe-
  sory Council’s preferred alternative in bridge       dited approval process for highway projects
  replacement case, 18 PLR 1144 (1999)                 having “minor involvement” with historic
Town of Belmont v. Dole (highway project), 3           sites, 6 PLR 1002 (1987)
  PLR 3001 (1984)                                   Federal Highway Administration issues guide-
Town of Belmont v. Dole (First Circuit upholds         lines on mitigation options for historic and ar-
  FHWA regulation governing treatment of ar-           cheological sites, 4 PLR 1029 (1985)
  cheological sites) 4 PLR 3043 (1985)              Federal Highway Administration proposes expe-
Transportation Department proposes amend-              dited approval process for highway projects
  ments to environmental regulations, 3 PLR            having “minor involvement” with historic
  1007 (1984)                                          sites, 5 PLR 1013 (1986)
Two different lawsuits challenging agency com-      Federal judge enjoins state and local officials
  pliance with federal preservation laws dis-          from receiving federal funds for Indiana
  missed in Louisiana, 22 PLR 1022 (2004)              highway project, 22 PLR 1020 (2004)
U.S. Coast Guard directed to comply with federal    Hawaiian highway given congressional exemp-
  preservation laws before replacing lens in his-      tion from Section 4(f), 5 PLR 3037 (1986)
  toric lighthouse, 9 PLR 1091 (1990)               Historic bridge legislation, 6 PLR 1001 (1987)
Wade v. Lewis (Section 4(f) determination for       Historic bridges: FHWA’s final plan (program-
  bridge construction project held inadequate), 3      matic agreement), 2 PLR 1006 (1983)
  PLR 3028 (1984)                                   Historic bridges: FHWA’s final plan, 2 PLR
Wisconsin court rules state DOT lacks authority        1041 (1983)
  to condemn land to protect archaeological site,   Revised NEPA and § 4(f) regulations proposed,
  13 PLR 1021 (1994)                                   3 PRL 1007 (1984)
Wisconsin Supreme Court affirms ruling that         Two different lawsuits challenging agency com-
  state DOT lacks authority to condemn land to         pliance with federal preservation laws dis-
  protect archaeological site, 13 PLR 1208             missed in Louisiana, 22 PLR 1022 (2004)
  (1994)
                                                    FEDERAL TRANSIT AUTHORITY
DEPARTMENT OF TRANSPORTATION,                       Courts address requests for attorneys’ fees under
U.S. (See also, DEPARTMENT OF                         Supreme Court’s Buckhannon standard, 22
TRANSPORTATION ACT, SECTION 4(f))                     PLR 1025 (2004)
Bennett v. Taylor (NEPA and NHPA) 1 PLR
  3105 (1982)                                       MARITIME ADMINISTRATION
Department of Transportation revises impact         Maritime Administration issues final environ-
  assessment procedures, 6 PLR 1037 (1987)            mental procedures, 4 PLR 1100 (1985)
Estate tax break created for conservation ease-
  ment donors; ISTEA reauthorization delayed,       SURFACE TRANSPORTATION BOARD
  16 PLR 1222 (1997)                                Eighth Circuit rules Surface Transportation
Highway statute protecting historic sites recodi-     Board violated Section 106, 22 PLR 1018
  fied and reworded (Section 4(f)), 2 PLR 1017        (2004)
  (1983)                                            Third Circuit orders Surface Transportation
Transportation Department proposes amend-             Board to comply with Section 106, 20 PLR
  ments to environmental regulations, 3 PLR           1162 (2001)
  1007 (1984)
                                                    URBAN MASS TRANSIT ADMINISTRATION
FEDERAL AVIATION ADMINISTRATION                     D.C. circuit sidesteps segmentation issue in
Decision in Brief: Morongo Band of Mission            Baltimore light rail litigation, 9 PLR 1124
   Indians v. Federal Aviation Admin., 18 PLR         (1990)
   1050 (1999)
D.C. Circuit denies preservation challenge to       DEPARTMENT OF TREASURY, U.S. (See
   FAA approval of Dallas/Ft. Worth airport ex-     also TAXATION, FEDERAL and TAX
   pansion, 13 PLR 1090 (1994)                      LEGISLATION)
First Circuit dismisses lawsuit challenging         Treasury Department tax proposals available, 4
   FAA’s compliance with federal preservation          PLR 1028 (1985)
   laws in approving additional commercial air-     Treasury Department tax reform proposal (spe-
   line flights from Hanscom Field, 20 PLR 1194        cial report), 4 PLR 1019 (1985)
   (2001)                                           Treasury evaluates conservation easement con-

22 PLR 2024                   Preservation Law Reporter                                 Master Index
  tributions; concludes more study is needed, 6          I.R.C. §170, 6 PLR 1020 (1987)
  PLR 1039 (1987)                                     Donor of partial interest in land may deduct
                                                         contributions and will not be taxed on unreal-
INTERNAL REVENUE SERVICE                                 ized appreciation, 5 PLR 1007 (1986)
Amended rehabilitation plan satisfies 75 percent      Easement regulation expected, 1 PLR 1002, 1035
  of existing external walls test, despite disman-       (1982)
  tling and rebuilding of walls, 5 PLR 1007           Easement valuation disputes persist, 3 PLR 1047
  (1986)                                                 (1984)
ARTICLE: Thomas A. Coughlin, III, “Some               Easement valuation guidelines published, 3 PLR
  Thoughts on Handling Easement Valuation                1063 (1984)
  Disputes before the IRS and in the Courts,“ 5       Expenditure for restoration of historically sig-
  PLR 2018 (1986)                                        nificant personal property belonging to “dis-
Book subsidy grant for publication of art book is        qualified person” will not affect tax exempt
  not a taxable expenditure and would not gen-           status of private foundation, 5 PLR 1050
  erate unrelated business income, 5 PLR 1028            (1986)
  (1986)                                              Final Treasury regulations revising income,
Bullard decision spurs changes in income tax             estate and gift tax actuarial tables increase at-
  regulations, 7 PLR 1015 (1988)                         tractiveness of sales of remainder interest as
Charitable deductions allowed for donations to           estate planning tool, 3 PLR 1031 (1984)
  city centennial fund, 5 PLR 1031 (1986)             Fire damage to historic structure will not be
Charitable deduction denied to estate where will         considered “early disposition” of property for
  expressed “wish” that property be donated to           ITC purposes, 4 PLR 1075 (1985)
  charity, 6 PLR 1021 (1987)                          Foundation grant to city for beautification is a
Contribution to city for renovation of privately         grant for charitable purposes, and a qualifying
  owned historic building ruled deductible, 5            distribution rather than a taxable expenditure,
  PLR 1010 (1986)                                        5 PLR 1030 (1986)
Contributions to fund restoration of historic         Foundation’s employment of director/officer as
  buildings are deductible, IRS rules, 4 PLR             curator of historic plantation is not self-
  1078 (1985)                                            dealing, 6 PLR 1023 (1986)
Contributions to government committee for             Foundation’s restoration of historic mansion
  official portrait are tax deductible, 5 PLR            before death of life tenant is not self-dealing,
  1009 (1986)                                            5 PLR 1012 (1986)
Conveyance of a facade easement does not trig-        Fundraising organization’s transfers to art mu-
  ger recapture of rehabilitation tax credit, 6          seum do not trigger reporting to IRS under
  PLR 1016 (1987)                                        I.R.C. § 6050L, 5 PLR 1052 (1986)
Creation of for-profit subsidiary will not jeopard-   Historic district’s sale of land does not result in
  ize parent’s tax-exempt status, 6 PLR 1020             unrelated business income, 5 PLR 1011
  (1987)                                                 (1986)
Deduction of losses allowed for low-income            Historic preservation organization does not incur
  housing rehabilitation project, 5 PLR 1013             unrelated business tax as general partner in
  (1986)                                                 renovation project, 5 PLR 1040 (1986)
Deductions allowed for easement donations, 5          Historic preservation revolving fund is tax-
  PLR 1004 (1986)                                        exempt under 501(c)(3), 5 PLR 1026 (1986)
Development rights sold by nonprofit group not        Index of recent Internal Revenue Rulings affect-
  considered debt-financed property, 5 PLR               ing historic preservation, 4 PLR 1045 (1985)
  1041 (1986)                                         Individual grants for art history scholarship not
Digest of selected Internal Revenue Service              taxable expenditures under I.R.C. 4945, 6
  rulings on real estate development by non-             PLR 1044 (1987)
  profit organizations, 4 PLR 1046 (1985)             IRS allows charity to serve as one of several
Donation of 2,000 acres is an unusual grant and          general partners in low-income elderly hous-
  will not jeopardize exempt status of outdoor           ing syndication, 2 PLR 1039 (1983)
  sculpture museum, 5 PLR 1029 (1986)                 IRS allows condominium unit owners to aggre-
Donation of conservation easement over farm              gate rehabilitation expenses to meet substan-
  results in estate tax recapture, 8 PLR 1015            tial rehabilitation test, 2 PLR 1051 (1983)
  (1989)                                              IRS allows investment tax credit for Old Post
Donation of land to municipality to preserve             Office Building rehabilitation, 3 PLR 1063
  local retail operation may be deducted as              (1984)
  charitable contribution, 5 PLR 1009 (1986)          IRS allows lessees from government agencies to
Donations to section 501(c)(2) tax-exempt or-            claim investment tax credit for rehabilitating
  ganizations for maintenance and preservation           portions of historic buildings, 4 PLR 1026
  of historic buildings are deductible under             (1985)

Master Index                   Preservation Law Reporter                                   22 PLR 2025
IRS allows nonprofits to enter into business-            purchasers’ eligibility for use of 10 percent
   related partnerships, 2 PLR 1053 (1983)               ITC for qualified rehabilitated buildings, 2
IRS allows private foundation to finance project         PLR 1002 (1983)
   using investment income set asides as quali-       Internal Revenue Service recognizes state his-
   fied distributions, 6 PLR 1041 (1987)                 toric preservation office as a unit of govern-
IRS approves donation of preservation easements          ment eligible to receive charitable contribu-
   to protect “Garden City” courtyards, 6 PLR            tion deduction, 1 PLR 1060 (1982)
   1016 (1987)                                        Internal Revenue Service releases section
IRS approves exempt organization’s participa-            501(c)(25) guidelines - IRS notice 87-18, 6
   tion in limited partnership to renovate vacant        PLR 1006 (1987)
   school for conversion to low-and moderate-         IRS rules that alumni funds donated to preserva-
   income housing, 5 PLR 1038 (1986)                     tion society to rehabilitate fraternity house are
I.R.S. approves liquidation plan employing trust         not deductible, 12 PLR 1031 (1993)
   device to avoid capital gains tax on charitable    IRS rules that conveyance of preservation ease-
   contributions, 6 PLR 1043 (1987)                      ment triggers partial recapture of rehabilita-
IRS approves nonprofit group’s formation of              tion tax credit, 8 PLR 1014 (1989)
   limited partnership to buy assets of subsidiary,   Internal Revenue Service rules that funds do-
   4 PLR 1059 (1985)                                     nated to historic preservation organization to
IRS clarifies rules for exempt organizations             rehabilitate house are not deductible because
   participating in limited partnerships, 5 PLR          of benefit to donor, 10 PLR 1071 (1991)
   1002 (1986)                                        IRS rules that rehabilitation expenses of succes-
IRS defines when a property is “placed in ser-           sive partnerships constitute a single rehabilita-
   vice” as applied to qualified rehabilitation of       tion, 2 PLR 1052 (1983)
   nonhistoric office condominium, 6 PLR 1017         IRS rules that taxpayer may use qualified pro-
   (1987)                                                gress expenditure method to claim investment
Internal Revenue Service highlights Tax Reform           tax credit, 4 PLR 1023 (1985)
   Act’s changes to the rehabilitation tax credit’s   IRS ruling: amortization on part of a structure
   external walls test, 6 PLR 1005 (1987)                bars use of tax credit on rest, 1 PLR 1051
IRS holds public hearing on proposed easement            (1982)
   regulations, 2 PLR 1055 (1983)                     IRS ruling: investment tax credits and govern-
IRS issues final regulations for easements and           ment leasing, 1 PLR 1052 (1982)
   other qualified conservation contributions, 5      Interrelated transactions between foundations do
   PLR 1001 (1986)                                       not result in adverse tax consequences, 6 PLR
IRS issues final regulations on lobbying by              1018 (1987)
   charitable organizations, 9 PLR 1166 (1990)        Large donations for renovation of historic build-
IRS issues regulations on investment tax credit          ing will not jeopardize organization’s exempt
   for qualified rehabilitated buildings, 4 PLR          status, 5 PLR 1029 (1986)
   1071 (1985)                                        Letter ruling upholds contribution of historic
IRS issues rulings on charitable gifts for conser-       preservation easement, 4 PLR 1059 (1985)
   vation purposes: draft regulations expected in     Loan to renovate historic building will not jeop-
   November, 1 PLR 1059                                  ardize exempt organizations status or generate
IRS issues temporary regulations for substantia-         unrelated business taxable income, 5 PLR
   tion of charitable contributions, 4 PLR 1024          1011 (1986)
   (1985)                                             Lodging to be provided at proposed convalescent
IRS issues temporary regulations on tax exempt           facility will not disqualify the project from in-
   entity leasing, 4 PLR 1092 (1985)                     vestment tax credit, 5 PLR 1050 (1986)
IRS letter rulings construing nonprofit real estate   Museum gift shop sales relating to organization’s
   activities, 4 PLR 1003 (1985)                         exempt functions are exempt from unrelated
IRS permits investor-purchasers of rehabilitated         business income tax, 5 PLR 1039 (1986)
   units in condominium conversions to use            New partnership qualifies for 25 percent tax
   preservation tax incentives, 1 PLR 1016               credit under transition rules, 8 PLR 1015
   (1982)                                                (1989)
Internal Revenue Service procedures, 2 PLR            No recapture of investment tax credit in sale-
   2068 (1983)                                           leaseback transaction, 5 PLR 1005 (1986)
IRS provides additional guidance on use of ITC        Qualified progress expenditure election for ITC
   in condominium conversion, 4 PLR 1043                 must be made by individual partners, not by
   (1985)                                                the partnership, 4 PLR 1060 (1985)
IRS publishes proposed regulations for Acceler-       Partner’s distributive share of charitable deduc-
   ated Cost Recovery System, 3 PLR 1024                 tions for a qualified conservation contribution
   (1984)                                                is not subject to I.R.C. § 469 passive loss
IRS recognizes condominium investor-                     rules, 6 PLR 1040 (1987)

22 PLR 2026                    Preservation Law Reporter                                   Master Index
Partnership in sale-leaseback transaction will be        Common Council and Planning Board of Bor-
  treated as owner of building eligible for reha-        ough of Bernardsville (design review stan-
  bilitation credit, 4 PLR 1076 (1985)                   dards held vague), 3 PLR 3020 (1984)
Partnership is entitled to both historic rehabilita-   Several courts address preservation-related dis-
  tion credit and low-income housing credit, 8           putes around the country (New York), 20 PLR
  PLR 1016 (1989)                                        1049 (2001)
Purchaser of rehabilitated building may claim          Vermont supreme court affirms lower court's
  investment tax credit for rehabilitation ex-           award of certificate of appropriateness to alter
  penses, 5 PLR 1008 (1986)                              facade of international style building, 10 PLR
Rehabilitation grants excluded from gross in-            1159 (1991)
  come, 5 PLR 1042 (1986)                              Village of Hudson v. Albrecht, Inc. (aesthetic
Rehabilitation investment tax credit regulations,        zoning upheld), 3 PLR 3024 (1984)
  1 PLR 1027 (1982)
Revenue rulings in brief: a donor who gave a           DISTRICT OF COLUMBIA
  partial undivided remainder interest to a quali-     Acheson v. Sheaffer (D.C. court rules that the
  fied charity is entitled to a charitable contribu-      division and subsequent combination of prop-
  tion, 6 PLR 1014 (1987)                                 erty to create new lots of record does not con-
Sale and leaseback of historic property may               stitute a subdivision under the Historic Land-
  qualify for ACRS deduction and investment               marks Act), 6 PLR 3008 (1987)
  tax credit under 1984 Tax Reform Act transi-         Actions seeking to enforce easement agreements
  tion rules, 5 PLR 1042 (1986)                           upheld in two separate cases, 12 PLR 1183
Sale and repurchase does not cause rehabilitated          (1993)
  building to be “placed in service” where buyer       ARTICLE: Richard B. Nettler, "Court Enjoins
  never took possession, 5 PLR 1027 (1986)                Property Owner from Violating Conservation
Sale-leaseback of state office building qualifies         Easement," 11 PLR 1028 (1992)
  for rehabilitation tax credit, 5 PLR 1009            Capitol Hill Restoration Society v. D.C. Board of
  (1986)                                                  Zoning Adj. (D.C. Court of Appeals denies
Taxable corporation established by hospital does          zoning variance required to subdivide lot in
  not result in taxable income or jeopardize              Capitol Hill Historic District), 6 PLR 3032
  hospital’s exempt status, 5 PLR 1051 (1986)             (1987)
Tax court and IRS remain strict on valuation of        Citizens Committee to Save Historic Rhodes
  donations to museums, while Congress con-               Tavern v. Dept. of Housing & Community
  siders easing restrictions on artists who donate        Dev. (special merit project), 1 PLR 3023
  their own work, 4 PLR 1093 (1985)                       (1982)
Tax-exempt organization’s sale of property to          Congress breaks deadlock to restore the West
  taxable concern over ten-year period does not           Front of the U.S. Capitol with overwhelming
  constitute a partnership and does not result in         vote, 2 PLR 1037 (1983)
  unrelated business income, 6 PLR 1022                Construction of access ramps to historic com-
  (1987)                                                  mercial buildings in Washington, D.C. historic
Termination of private foundation status and              district ruled not mandated by ADA, 13 PLR
  transfer of assets is not treated as a newly cre-       1013 (1994)
  ated organization for tax purposes, 6 PLR            Court affirms order requiring removal of addition
  1042 (1987)                                             constructed in violation of easement agree-
24-Month rehabilitation period may be set to end          ment; attorney's fees award also upheld, 13
  at any time during the taxable year the build-          PLR 1135 (1994)
  ing is place in service, 5 PLR 1027 (1986)           Court of Appeals jurisdiction to review landmark
Uncertified historic rehabilitation does not qual-        designation, 1 PLR 1052 (1982)
  ify for 20 percent tax credit for 40-Year Old        Denial of application to install dumpster and
  Building, 8 PLR 1017 (1989)                             recycling bins upheld in the District of Co-
Update on Internal Revenue Service easement               lumbia, 17 PLR 1101 (1998)
  valuation position, 4 PLR 1006 (1985)                District court orders Foreign Missions Board to
                                                          "substantially comply" with Section 106 and
DESIGN REVIEW ORDINANCES                                  local preservation law, 12 PLR 1075 (1993)
(See also CONSERVATION DISTRICT                        District court rules federal agency must comply
ORDINANCES and HISTORIC                                   with Section 106, 10 PLR 1044 (1991)
PRESERVATION ORDINANCES)                               District of Columbia amends Uniform Conserva-
Appeals court, while rejecting due process chal-          tion Easement Act, 12 PLR 1042 (1993)
   lenge to St. Louis design review ordinance,         D. C. appeals court upholds denial of request to
   reverses commission decision on permit de-             demolish fire-damaged historic landmark, 21
   nial, 12 PLR 1069 (1993)                               PLR 1146 (2002-3)
Morristown Road Associates v. Mayor and                D.C. Circuit rejects takings claim by owner

Master Index                    Preservation Law Reporter                                  22 PLR 2027
  seeking to build townhouses on subdivided             tandem, 20 PLR 1093 (2000)
  lawn of historic apartment complex, 18 PLR         IRS allows investment tax credit for Old Post
  1198 (1999)                                           Office Building rehabilitation, 3 PLR 1063
D.C. Circuit rules decision "not to disapprove" a       (1984)
  proposed chancery does not trigger Section         Lee v. Thornburgh (D.C. Circuit holds NHPA
  106 review, 14 PLR 1065 (1995)                        does not             apply to proposed prison
D.C. Circuit rules FDIC's failure to comply with        facility to be constructed on federal land and
  Section 106 is not subject to injunctive relief,      financed by direct Congressional appropria-
  12 PLR 1096 (1993)                                    tion) , 8 PLR 3027 (1989)
D.C. Circuit upholds decision of National Park       Loophole in D.C. preservation ordinance closed,
  Service to surrender easement restricting             9 PLR 1053 (1990)
  building height, 5 PLR 3012 (1986)                 McMillan reversed on appeal: D.C. circuit rules
D.C. Circuit vacates earlier ruling that FDIC           that National Capital Planning Commission's
  cannot be enjoined for Section 106 violation,         review of planning amendment is not subject
  12 PLR 1163 (1993)                                    to Section 106, 11 PLR 1105 (1992)
D.C. court affirms denial of application for rear    Misunderstanding over tax credits causes unnec-
  rooftop addition, 16 PLR 1020 (1997)                  essary destruction of mural in Washington, 4
D.C. Court of Appeals affirms ruling that owners        PLR 1061 (1985)
  violated easement by "subdividing" property,       Mixed-use project for federal building nearing
  16 PLR 1152 (1997)                                    completion in Washington, 2 PLR 1015
D.C. Court of Appeals lacks jurisdiction to re-         (1983)
  view Joint Committee on landmarks decision,        National Building Museum preservation pro-
  1 PLR 1052 (1982)                                     grams receive funding from Congress, 4 PLR
D.C. Court of Appeals resolves preservation             1022 (1985)
  easement dispute in favor of property owner,       National Trust for Historic Preservation v. Dole
  14 PLR 1058 (1995)                                    (construction of suicide barriers on historic
D.C. Court of Appeals upholds city's denial of          bridge does not “use” the bridge, D.C. circuit
  permit to demolish contributing structure in          holds, and does not require section 4(f) re-
  historic district, 14 PLR 1197 (1995)                 view), 6 PLR 3004 (1987)
D.C. Court of Appeals upholds decision to in-        900 G Street Associates v. Dept. of Housing and
  clude church-owned property in historic dis-          Community Dev., 1 PLR 3001 (1982)
  trict, 17 PLR 1153 (1998)                          1827 M Street, Inc. v. District of Columbia
D.C. Court of Appeals upholds denial of permit          (pendency of historic preservation status must
  for garage in local historic district, 21 PLR         be taken into account in assessing property
  1141 (2002-3)                                         tax), 7 PLR 2031 (1988)
D.C. court reverses approval of demolition of        Pendency of historic preservation status must be
  historic landmark as unauthorized under pres-         taken into account in assessing property tax, 7
  ervation act, 13 PLR 1152 (1994)                      PLR 2031 (1988)
D.C. court rules agency may not consider eco-        Preservation cases persist involving District of
  nomic hardship in acting on application for           Columbia’s Pennsylvania Avenue Corridor, 2
  new construction on landmark site, 16 PLR             PLR 1059 (1983)
  1128 (1997)                                        Preservation of the U.S. Capitol faces critical test
Donnelly Associates v. District of Columbia             in Congress, 2 PLR 1020 (1983)
  Historic Preservation Review Board (court          Rhodes Tavern demolished in Washington, D.C.,
  declines to impose full evidentiary hearing re-       3 PLR 1066 (1984)
  quirements on historic designation procedure       Rhodes Tavern injunction dissolved by federal
  in absence of specific statutory requirement),        appeals court, 3 PLR 1036 (1984)
  5 PLR 3055 (1986)                                  Save the Tivoli, Inc. v. U.S. Dept. of Housing
Don’t Tear it Down, Inc. v. Dept. of Housing &          and Urban Dev. (local preservation organiza-
  Community Dev., (demolition permit/special            tion awarded attorneys’ fees for forcing D.C.
  merit) 1 PLR 3040 (1982)                              compliance with NHPA), 5 PLR 3036 (1986)
Easement valuation disputes persist, 3 PLR 1047      Several courts examine scope of preservation
  (1984)                                                commission’s authority under preservation or-
Federal claims court denies summary judgment            dinances, 20 PLR 1083 (2000)
  in takings case involving Pennsylvania Ave-        Special merit project found, demolition permit
  nue historic properties, 14 PLR 1049 (1995)           granted, 1 PLR 3023 (1982)
Federal district court rejects takings claim by      Techworld Dev. Corp. v. D.C. Preservation
  owners of historic apartment building seeking         League (D.C. federal court approves devel-
  to build townhouses on adjacent lawn, 17 PLR          opment project blocking L’Enfant plan vista
  1141 (1998)                                           and finds National Capital Planning Commis-
Historic preservation and zoning laws working in        sion review not a federal undertaking), 5 PLR

22 PLR 2028                   Preservation Law Reporter                                   Master Index
  3033 (1986)                                        CONFLICT OF INTEREST
United Unions, Inc. v. D.C. Board of Zoning          Idaho Supreme Court upholds downzoning of
  Adjustment (D.C. court finds landmark status          property to help preserve city's "aesthetic val-
  may justify zoning variance), 8 PLR 3051              ues" and "economic vitality of downtown
  (1989)                                                business core", 15 PLR 1027 (1996)
Variance for two-story addition to historic row      Several courts address preservation-related dis-
  house denied, 9 PLR 1112 (1990)                       putes around the country (Delaware), 20 PLR
Weinberg v. Barry (court upholds temporary              1035 (2001)
  protection for building being considered for
  landmark status, but invalidates District of       CONSTITUTIONALLY PROTECTED
  Columbia designation because of delays), 4         PROPERTY INTERESTS
  PLR 3017 (1985)                                    Eighth Circuit upholds zoning ordinance chal-
                                                        lenged on the basis of antitrust, substantive
DUE PROCESS (See also EQUAL                             and procedural due process, and taking claims,
PROTECTION and POLICE POWER)                            5 PLR 3014 (1986)
                                                     National Register listing challenged on constitu-
ARTICLES                                                tional and administrative grounds, 16 PLR
George B. Abney, “Florida’s Local Historic              1180 (1997)
   Preservation Ordinances: Maintaining Flexi-       Pennsylvania court rejects challenge to state
   bility While Avoiding Vagueness Claims,” 18          national register nomination, 12 PLR 1105
   PLR 1001 (1999)                                      (1993)
Paul W. Edmondson, “Designation of Historic          Second Circuit upholds denial of application to
   Properties: Determining Whether Procedural           de-list Coleman Station Historic District, 18
   Due Process Standards Are Applicable,” 4             PLR 1125 (1999)
   PLR 2036 (1985)                                   State and federal courts address wide range of
Julia H. Miller, "Owner Consent Provisions in           preservation issues (Illinois), 20 PLR 1098
   Historic Preservation Ordinances: Are They           (2001)
   Legal?," 10 PLR 1019 (1991)                       Tenth Circuit upholds denial of request to rezone
Oliver A. Pollard, III, “Minimum Maintenance            property for suburban shopping mall, 10 PLR
   Provisions: Preventing Demolition by Ne-             1146 (1991)
   glect,” 8 PLR 2001 (1989)                         Two recent decisions show difficulty of winning 
Bradford J. White and Paul W. Edmondson,                1983 due process challenges of local preserva-
   “Procedural Due Process and Historic Preser-         tion and zoning actions, 12 PLR 1134 (1993)
   vation: Basic Legal Principles for Local Pres-
   ervation Commissions,” 14 PLR 1021 (1995)         DELEGATION OF LEGISLATIVE
                                                     AUTHORITY
BIAS                                                 Broad-based challenge to Miami Ordinance
Citizens Committee to Save Historic Rhodes             dismissed; Designation of Bayside Historic
   Tavern v. Dept. of Housing & Community              District upheld, 12 PLR 1172 (1993)
   Dev., 1 PLR 3023 (1982)                           Designation of Miami's Parrot Jungle upheld
Demolition permit denial under local preserva-         against due process claim, 14 PLR
   tion ordinance upheld against due process           1081(1995)
   challenge, 18 PLR 1205 (1999)                     Federal district court upholds denial of permit to
Federal district court upholds denial of permit to     demolish Chicago landmarks in broad-based
   demolish Chicago landmarks in broad-based           lawsuit, 14 PLR 1087 (1995)
   lawsuit, 14 PLR 1087 (1995)                       New Mexico court upholds application of height
                                                       amendment to property located in Santa Fe
CHARACTER OF GOVERNMENTAL ACTION                       historic district, 14 PLR 1108 (1995)
Donnelly Associates v. District of Columbia          Ohio court upholds Springfield preservation
  Historic Preservation Review Board (court            ordinance against unlawful delegation charge,
  declines to impose full evidentiary hearing re-      11 PLR 1144 (1992)
  quirements on historic designation procedure       South Dakota Supreme Court strikes down stat-
  in absence of specific statutory requirement),       ute allowing neighboring property owners to
  5 PLR 3055 (1986)                                    block rezoning, 16 PLR 1186 (1997)
Minnesota Court of Appeals declares historic
  landmark designations are quasi-legislative,       EX PARTE CONTACTS
  18 PLR 1229 (1999)                                 Three courts address procedural due process
Three courts address procedural due process            claims in the context of preservation laws, 19
  claims in the context of preservation laws, 19       PLR 1055 (2000)
  PLR 1055 (2000)
                                                     HEARINGS

Master Index                  Preservation Law Reporter                                  22 PLR 2029
Demolition permit denial under local preserva-       Federal district court dismisses constitutional
   tion ordinance upheld against due process            challenge to Castine, Maine preservation or-
   challenge, 18 PLR 1205 (1999)                        dinance, 20 PLR 1175 (2001)
Donnelly Associates v. District of Columbia          Federal district court upholds denial of permit to
   Historic Preservation Review Board (court            demolish Chicago landmarks in broad-based
   declines to impose full evidentiary hearing re-      lawsuit, 14 PLR 1087 (1995)
   quirements on historic designation procedure      Florida courts uphold local laws restricting de-
   in absence of specific statutory requirement),       velopment on historic and environmentally
   5 PLR 3055 (1986)                                    sensitive land, 9 PLR 1057 (1990)
State and federal courts address wide range of       Sixth Circuit upholds Hudson, Ohio slow growth
   preservation issues (Illinois), 20 PLR 1098          ordinance against substantive due process
   (2001)                                               claim, 16 PLR 1175 (1997)
                                                     State and federal courts address wide range of
NOTICE                                                  preservation issues (Illinois), 20 PLR 1098
Demolition permit denial under local preserva-          (2001)
  tion ordinance upheld against due process          Tenth Circuit upholds denial of request to rezone
  challenge, 18 PLR 1205 (1999)                         property for suburban shopping mall, 10 PLR
Designation of Alamo Placita Historic District          1146 (1991)
  upheld on appeal, 21 PLR 1185 (2002-3)             Third Circuit affirms dismissal of Section 1983
Ohio trial court finds Dayton’s historic preserva-      lawsuit against Philadelphia in Boyd Theater
  tion ordinance to be unconstitutional, 11 PLR         case, 17 PLR 1014 (1998)
  1001 (1992)                                        Two recent decisions show difficulty of winning 
New Mexico court upholds application of height          1983 due process challenges of local preserva-
  amendment to property located in Santa Fe             tion and zoning actions, 12 PLR 1134 (1993)
  historic district, 14 PLR 1108 (1995)New           U.S. District Court denies motion to dismiss due
  York trial court invalidates preservation ordi-       process claim against historic preservation
  nance (notice), 7 PLR 2048 (1988)                     commission and village board, 6 PLR 3048
Three courts address procedural due process             (1987)
  claims in the context of preservation laws, 19
  PLR 1055 (2000)                                    TIMELINESS
                                                     Weinberg v. Barry (court upholds temporary
PROCEDURES, ADEQUACY OR LACK OF                        protection for building being considered for
Gunther v. Groton Historic District Comm’n, 1          landmark status, but invalidates District of
  PLR 3011 (lack of variance process) (1982)           Columbia designation because of delays), 4
Mayes v. City of Dallas (Federal court of appeals      PLR 3017 (1985)
  finds standards in local preservation ordinance
  sufficiently precise), 4 PLR 3027 (1985)           VAGUENESS
Procedural challenge to Nashville design guide-      A survey of state cases addressing the vagueness
  lines rejected due to passage of time; Boulder        issue, 15 PLR 1155 (1996)
  ordinances allowing special agreements for         Alabama appeals court finds Mobile sign ordi-
  university’s historic property invalidated on         nance unconstitutionally vague, 18 PLR 1039
  due process grounds, 22 PLR 1009 (2004)               (1999)
                                                     Appeals court, while rejecting due process chal-
STANDARDS, SUFFICIENCY OF (See also                     lenge to St. Louis design review ordinance,
VAGUENESS)                                              reverses commission decision on permit) de-
Court reinstates historic listing under congres-        nial, 12 PLR 1069 (1993)
   sional mandate (landmark designation of           Challenges to preservation commission decisions
   Green springs historic district), 1 PLR 1004         addressed in three state court decisions (Blan-
   (1982)                                               ford v. Bardstown Bd. of Adj. and Bellevue
Florida court rules preservation commission             Shopping Center Assocs. v. Chase), 9 PLR
   violated property owner's due process rights,        1107 (1990)
   12 PLR 1092 (1993)                                Citizens Committee to Save Historic Rhodes
Mayes v. City of Dallas (Federal court of appeals       Tavern v. Dept. of Housing & Community
   finds standards in local preservation ordinance      Dev., 1 PLR 3023 (1982)
   sufficiently precise), 4 PLR 3027 (1985)          Constitutionality of Archaeological Resources
                                                        Protection Act upheld, 9 PLR 1079 (1990)
SUBSTANTIVE DUE PROCESS                              County of Stutsman v. State Historical Society
Eighth Circuit upholds zoning ordinance chal-           (North Dakota Supreme Court upholds state
  lenged on the basis of antitrust, substantive         historical board’s authority to designate his-
  and procedural due process, and taking claims,        toric sites and rejects vagueness challenge to
  5 PLR 3014 (1986)                                     state preservation law), 5 PLR 3003 (1986)

22 PLR 2030                   Preservation Law Reporter                                  Master Index
Demolition permit denial under local preserva-        Arkansas court rules state preservation agency is
   tion ordinance upheld against due process             estopped from enforcing conservation ease-
   challenge, 18 PLR 1205 (1999)                         ment, 16 PLR 1099 (1997)
District court upholds order to remove exterior       ARTICLE: Thomas A. Coughlin, III, “Easements
   wall mural in Charleston historic district; re-       and Other Legal Techniques to Protect His-
   jects First Amendment and other constitu-             toric Property in Private Ownership,” 6 PLR
   tional claims, 14 PLR 1244 (1995)                     2031 (1987)
D.C. Court of Appeals upholds city's denial of        ARTICLE: Thomas A. Coughlin, III, “Preserva-
   permit to demolish contributing structure in          tion Easements: Statutory and Tax Planning
   historic district, 14 PLR 1197 (1995)                 Issues,” 1 PLR 2011 (1982)
Estate of Neuberger v. Township of Middletown         California adopts preservation legislation pack-
   (New Jersey superior court invalidates local          age, 4 PLR 1035 (1985)
   preservation ordinance), 5 PLR 3018 (1986)         Congressional committee recommends drastic
Faulkner v. Town of Chesterton (preservation             changes to tax incentives for preservation
   ordinance), 1 PLR 3014 (1982)                         easements, 22 PLR 1036 (2004)
Fourth Circuit upholds ordinance regulating           Conservation Easement Handbook, 7 PLR 1029
   outdoor signs, 5 PLR 3046 (1986)                      (1988)
Millburn, New Jersey preservation ordinance           Conservation easements in California published,
   upheld against vagueness challenge, 15 PLR            2 PLR 1045 (1983)
   1151 (1996)                                        Coons v. Carstensen (conservation easement
Morristown Road Associates v. Mayor and                  found to be encumbrance on good and clear
   Common Council and Planning Board of Bor-             record title in land conveyance), 3 PLR 3036
   ough of Bernardsville (design review stan-            (1984)
   dards held vague), 3 PLR 3020 (1984)               Court affirms order requiring removal of addition
New Jersey appellate court affirms declaratory           constructed in violation of easement agree-
   ruling that historic landmark owners failed to        ment; attorney's fees award also upheld, 13
   meet demolition permit requirements in pres-          PLR 1135 (1994)
   ervation ordinance; rules that provision requir-   Court enjoins property owner from violating
   ing owner to attempt to sell property at fair         conservation easement, 11 PLR 1028 (1992)
   market value is not unconstitutionally vague,      District of Columbia amends Uniform Conserva-
   21 PLR 1137 (2002-3)                                  tion Easement Act, 12 PLR 1042 (1993)
Salvatore v. Schenectady (New York court up-          D.C. Circuit upholds decision of National Park
   holds constitutionality of historic preservation      Service to surrender easement restricting
   provisions but requires strict adherence to           building height, 5 PLR 3012 (1986)
   time limits for commission review), 7 PLR          D.C. Court of Appeals affirms ruling that owners
   2043 (1988)                                           violated easement by "subdividing" property,
Seventh Circuit rejects vagueness challenge in           16 PLR 1152 (1997)
   alteration dispute, 20 PLR 1145 (2001)             D.C. Court of Appeals resolves preservation
Pennsylvania court upholds denial of permit to           easement dispute in favor of property owner,
   demolish Victorian hotel, 12 PLR 1190 (1993)          14 PLR 1058 (1995)
Pennsylvania Supreme Court upholds denial of          Facade grant program encourages downtown
   permit to demolish historic building, 16 PLR          revitalization, 4 PLR 1016 (1985)
   1007 (1997)                                        Friends of the Shawangunks, Inc. v. Clark
State v. Jones (upholding junkyard screening), 2         (change in use of land subject to conservation
   PLR 3022 (1983)                                       easement held not a “conversion” under Land
Recent developments in billboard legislation, 5          and Water Conservation Fund Act because
   PLR 1014 (1986)                                       public previously lacked access to land sub-
                                                         ject to easement), 4 PLR 3028 (1985)
                        E                             Fourth Circuit rules conservation easement dona-
                                                         tion in historic Green Springs, Virginia, may
EASEMENTS                                                be challenged under antitrust laws, 17 PLR
(See also TAXATION, EASEMENTS)                           1178 (1998)
Actions seeking to enforce easement agreements        Gift of façade and open space easement on prop-
   upheld in two separate cases, 12 PLR 1183             erty in National Register historic district quali-
   (1993)                                                fies under preservation of historically impor-
Appeals court rejects antitrust challenge to dona-       tant land area conservation purpose, 3 PLR
   tion of land and easements with mineral rights        1025 (1984)
   to preservation organization, 21 PLR 1162          Historic trails added to National Trails System
   (2002-3)                                              (conservation purposes test satisfied by his-
Arizona enacts new preservation legislation, 4           toric trails easement donation), 2 PLR 1018
   PLR 1067 (1985)                                       (1983)

Master Index                   Preservation Law Reporter                                    22 PLR 2031
Innovative development partnership in Annapo-         Fitger Brewing Co. v. State (Minnesota Court of
   lis, Md., 2 PLR 1014 (1983)                           Appeals holds that a proposed condemnation
Land Trust Exchange announces national ease-             is not a compensable taking), 6 PLR 3037
   ment survey, 3 PLR 1033 (1984)                        (1997)
Local incentives for rehabilitation (Dallas ac-       Georgia court upholds county's use of condem-
   cepts façade easements), 1 PLR 1049 (1982)            nation authority for historic preservation pur-
New publications on establishing and operating           poses, 14 PLR 1233 (1995)
   easement programs, 11 PLR 1014 (1992)              Goodwin v. Iowa State Highway Comm’n (land-
New York adopts conservation easement legisla-           owners allowed to recover litigation expenses
   tion, 3 PLR 1029 (1984)                               of successful federal court challenge to high-
Preservation easements authorized in North and           way, which resulted in abandonment of emi-
   South Dakota, 2PLR 1026 (1983)                        nent domain proceedings), 5 PLR 3026 (1986)
Preserving Family Lands, 7 PLR 1030 (1988)            Lubelle v. City of Rochester (New York court
Publications on easements and zoning available           upholds city's use of condemnation powers to
   from Landmarks Preservation Council of Illi-          preserve historic landmark and adjacent va-
   nois, 4 PLR 1053 (1985)                               cant lots), 8 PLR 3023 (1989)
Recent publications cover historic rehabilitations    Kansas court of appeals denies owner injunctive
   and conservation easements, 3 PLR 1015                relief in condemnation action for 100 year old
   (1984)                                                building, 7 PLR 2012 (1988)
Several states adopt preservation-related laws        Kirby Forest Industries, Inc. v. United States
   (Virginia) 16 PLR 1219 (1997)                         (date of taking in “straight-condemnation”
State legislation project published on enabling          proceeding by federal government), 3 PLR
   legislation and easements, 3 PLR 1070 (1984)          3032 (1984)
Takings challenges rejected in New York and           Midkiff v. Tom (Ninth Circuit strikes down
   Illinois, 22 PLR 1008 (2004)                          Hawaii Land Reform Act as facially unconsti-
Tax increment financing and easement laws                tutional), 2 PLR 3075 (1983)
   enacted in North and South Dakota, 2 PLR           Missouri Court of Appeals affirms condemnation
   1026 (1983)                                           of historic preservation organization’s lease-
Toronto pursues active easement program, 3 PLR           hold interest in historic building, 6 PLR 3052
   1012 (1984)                                           (1987)
Uniform Conservation Easement Act enacted in          Missouri developers using increasingly contro-
   four states (Arkansas, Nevada, Oregon and             versial eminent domain power, 4 PLR 1014
   Wisconsin), 2 PLR 1056 (1983)                         (1985)
Urban landscape easement, 7 PLR 1014 (1988)           New York and Washington state courts uphold
                                                         use of eminent domain laws for historic pres-
EMINENT DOMAIN                                           ervation purposes, 22 PLR 1016 (2004)
(See also TAKING OF PRIVATE                           North Carolina Court of Appeals rejects chal-
PROPERTY)                                                lenge to school board’s condemnation of land
Absent blight, open space may be condemned               in local historic district, 15 PLR 1062 (1996)
   only for uses that provide direct public bene-     162.20 Acres of Land v. United States (violation
   fit, 6 PLR 3019 (1986)                                of NHPA as defense), 1 PLR 3025 (1982)
Condemnation of Lands, In re:, (Pennsylvania          Osborn v. City of Cedar Rapids (extended con-
   court upholds Scranton Redevelopment Au-              demnation proceedings held a taking), 2 PLR
   thority's exercise of eminent domain to con-          3062 (1983)
   demn commercial historic buildings for down-       People v. Union Pacific Land Resource Corp.
   town shopping mall), 8 PLR 3024 (1989)                (landowners were not entitled to interest on
Condemnation of land under Cape Cod National             property condemnation judgment where emi-
   Seashore Act upheld by First Circuit, 4 PLR           nent domain proceedings were abandoned
   1103 (1985)                                           prior to transfer), 5 PLR 3058 (1986)
Department of Transportation v. City of Atlanta       Stand Together Against Neighborhood Decay,
   (Georgia Supreme Court holds that State               Inc. v. Board of Estimate (U.S. district court
   Highway Department has no authority to con-           denies preliminary injunctive relief to prevent
   demn municipal property and city has no au-           condemnation of property in downtown
   thority to transfer dedicated parkland to state       Brooklyn, holding that condemnation is not
   for highway), 4 PLR 3062 (1985)                       irreparable), 7 PLR 2022 (1988)
Eminent domain clause in local preservation           Supreme Court broadens “public use” for taking
   ordinance at issue, 1 PLR 1021 (1982)                 purposes and Georgia trial court strengthens
Ferencz v. City of Toledo (Ohio court upholds            procedural requirements for nongovernmental
   selection of alternative route for road im-           entities using condemnation powers, 3 PLR
   provement project to preserve historic fire sta-      1035 (1984)
   tion), 8 PLR 3021 (1989)                           United States v. 50 Acres of Land (Supreme

22 PLR 2032                    Preservation Law Reporter                                  Master Index
  Court finds governmental entities not entitled       wall mural in Charleston historic district; re-
  to replacement costs when federal government         jects First Amendment and other constitu-
  condemns property, unless market value of            tional claims, 14 PLR 1244 (1995)
  condemned property cannot be ascertained), 4      Federal district court allows equal protection
  PLR 3015 (1985)                                      claim to go forward in Northwestern Univer-
U.S. Supreme Court hears two major takings             sity lawsuit against Evanston, Illinois, 21 PLR
  cases, 22 PLR 1007 (2004)                            1130 (2002-3)
Violation of NHPA as defense, 1 PLR 3025            Federal district court dismisses constitutional
  (1982)                                               challenge to Castine, Maine preservation or-
Wisconsin court rules state DOT lacks authority        dinance, 20 PLR 1175 (2001)
  to condemn land to protect archaeological site,   Federal district court upholds Chicago’s preser-
  13 PLR 1021 (1994)                                   vation ordinance against constitutional chal-
Wisconsin Supreme Court affirms ruling that            lenge, 11 PLR 1006 (1992)
  state DOT lacks authority to condemn land to      Federal district court upholds denial of permit to
  protect archaeological site, 13 PLR 1208             demolish Chicago landmarks in broad-based
  (1994)                                               lawsuit, 14 PLR 1087 (1995)
                                                    New Mexico court upholds application of height
ENVIRONMENTAL LIABILITY (See also                      amendment to property located in Santa Fe
CERCLA)                                                historic district, 14 PLR 1108 (1995)
ARTICLE: JoAnna J. Barnes, “Environmental           Seventh circuit affirms district court ruling on
  Liability Issues for Preservation Organiza-          equal protection claim in case challenging de-
  tions,” 11 PLR 1017 (1992)                           nial of vinyl siding request, 21 PLR 1124
ARTICLE: JoAnna J. Barnes, “Environmental              (2002-3)
  Liability Issues for Preservation Organizations   State and federal courts address wide range of
  as Property Owners, 11 PLR 1163 (1992)               preservation issues (Illinois), 20 PLR 1095
ARTICLE: JoAnna J. Barnes, “EPA issues final           and 1098 (2001)
  regulations interpreting "security interest ex-   Stop H-3 Assn. v. Dole (Ninth circuit upholds
  emption" for hazardous waste liability under         Section 4(f) exemption for federal road con-
  CERCLA,” 11 PLR 1102 (1992)                          struction project in Hawaii), 8 PLR 3038
                                                       (1989)
ENVIRONMENTAL PROTECTION                            Tenth Circuit upholds denial of request to rezone
AGENCY, U.S.                                           property for suburban shopping mall, 10 PLR
Boarhead decision affirmed on appeal; court            1146 (1991)
  lacks jurisdiction to compel compliance with      Town of Chesterfield v. Brooks (state court
  Section 106 in clean-up of hazardous waste           invalidates local ordinance restricting place-
  site, 10 PLR 1001 (1991)                             ment of manufactured housing and suggests
District court dismisses action to compel EPA to       that community protect its character through
  comply with section 106 in applying super-           creation of local historic district), 4 PLR 3024
  fund law to historic properties, 9 PLR 1074          (1984)
  (1990)                                            U.S. District Court denies motion to dismiss due
EPA issues final regulations interpreting "secu-       process claim against historic preservation
  rity interest exemption" for hazardous waste         commission and village board, 6 PLR 3048
  liability under CERCLA, 11 PLR 1102 (1992)           (1987)
EPA issues policy statement on lender liability
  under CERCLA, 16 PLR 1164 (1997)                  ESTABLISHMENT CLAUSE (See FIRST
Federal courts rule that NEPA and NHPA obliga-      AMENDMENT RIGHTS)
  tions expire once project is completed, 11
  PLR 1089 (1992)                                   EXECUTIVE ORDERS
Federal district court dismisses Section 106        Executive order requires assessment of takings
  lawsuit against City of Columbus; allows             implications of federal actions that affect pri-
  anticipatory demolition lawsuit to proceed           vate property rights, 8 PLR 1006 (1989)
  against FHWA, 17 PLR 1030 (1998)                  President Bush signs executive order on “Pre-
                                                       serve America” stewardship initiative, 21 PLR
ENVIRONMENTAL PROTECTION                               1230 (2002-3)
STATUTES (See NATIONAL                              President Clinton issues executive order direct-
ENVIRONMENTAL POLICY ACT and                           ing agencies to protect Indian sacred sites on
STATE ENVIRONME NTAL PROTECTION                        Federal lands, 15 PLR 1165 (1996)
STATUTES)                                           President Clinton issues executive order encour-
                                                       aging federal agencies to locate facilities in
EQUAL PROTECTION                                       historic properties, 15 PLR 1125 (1996)
District Court upholds order to remove exterior     The President’s Commission on Americans Out-

Master Index                  Preservation Law Reporter                                 22 PLR 2033
  doors releases its report (Executive Order          tennas, 15 PLR 1051 (1996)
  12503), 6 PLR 1029 (1987)                         FCC exempts historic district preservation re-
                                                      strictions from satellite preemption rules, 16
EXHAUSTION OF ADMINISTRATIVE                          PLR 1042 (1997)
REMEDIES (See COURTS AND                            FCC issues final satellite antenna regulations, 5
PROCEDURE)                                            PLR 1014 (1986)
                F                                   FCC proposes regulations to preempt local zon-
                                                      ing rules for satellite antennas, 4 PLR 1062
FARMERS HOME ADMINISTRATION                           (1985)
(FMHA)
(See DEPARTMENT OF AGRICULTURE,                     FEDERAL DEPOSIT INSURANCE
U.S. )                                              CORPORATION
                                                    D.C. Circuit reinstates earlier ruling that FDIC
FEDERAL AGENCIES                                      cannot be enjoined for Section 106 violation,
(See name of individual agency or department)         13 PLR 1130 (1994)
                                                    D.C. Circuit rules FDIC's failure to comply with
FEDERAL APPROPRIATIONS (See also,                     Section 106 is not subject to injunctive relief,
GRANT PROGRAMS)                                       12 PLR 1096 (1993)
Administration’s 1985 budget recommends zero        D.C. Circuit vacates earlier ruling that FDIC
  funding for states and National Trust, 3 PLR        cannot be enjoined for Section 106 violation,
  1014 (1984)                                         12 PLR 1163 (1993)
Allocation of fiscal year 1985 Historic Preserva-   Federal district court declines to enjoin demoli-
  tion Fund appropriations, 4 PLR 1002 (1985)         tion of historic Lake Placid Club, 12 PLR
Appropriations passed for preservation, 3 PLR         1019 (1993)
  1059 (1984)
Congress appropriates additional $25 million for    FEDERAL ENERGY REGULATORY
  historic preservation projects, 2 PLR 1017        COMMISSION
  (1983)                                            Fourth Circuit rules that FERC need not comply
House approves appropriations for Historic            with NHPA and NEPA in certifying incinera-
  Preservation Fund and HUD, 4 PLR 1071               tor affecting historic resource, 11 PLR 1073
  (1985)                                              (1992)
Impact of the Reagan budget cut proposals on        Ninth Circuit permits gas company to conduct
  preservation, 4 PLR 1041 (1985)                     archaeological survey on private property to
1984 preservation funding approved, 3 PLR             satisfy section 106 obligations, 13 PLR 1007
  1002 (1984)                                         (1994)
US/ICOMOS receives increased appropriation, 4       U.S. Court of Appeals for the D.C. Circuit up-
  PLR 1022 (1985)                                     holds agency conditions on license for historic
                                                      hydroelectric project, 16 PLR 1075 (1997)
FEDERAL AVIATION
ADMINISTRATION (See DEPARTMENT                      FEDERAL HIGHWAY
OF TRANSPORTATION, U.S.)                            ADMINISTRATION (See DEPARTMENT
                                                    OF TRANSPORTATION, U.S.)
FEDERAL COMMUNICATIONS ACT
Bywater Neighborhood Ass’n v. Tricarico (Fifth      FEDERAL LAND POLICY AND
  circuit dismisses lawsuit against FCC to re-      MANAGEMENT ACT
  move television microwave tower and satellite     California Coastal Comm’n v. Granite Rock Co.
  earth station in national historic district for     (state regulation of certain federally-owned
  lack of jurisdiction), 8 PLR 3028 (1989)            properties for environmental purposes upheld
                                                      by the Supreme Court), 6 PLR 3001 (1987)
FEDERAL COMMUNICATIONS
COMMISSION                                          FEDERAL LEGISLATION (See
Bywater Neighborhood Ass’n v. Tricarico (Fifth      LEGISLATION, FEDERAL)
  circuit dismisses lawsuit against FCC to re-
  move television microwave tower and satellite     FEDERAL PROPERTIES (See
  earth station in national historic district for   EXECUTIVE ORDERS, FEDERAL LAND
  lack of jurisdiction), 8 PLR 3028 (1989)          POLICY AND MANAGEMENT ACT;
D.C. Circuit concludes that it lacks appellate      GOVERNMENT CONTROLLED HISTORIC
  jurisdiction in cell tower case, 22 PLR 1021      PROPERTIES and PUBLIC BUILDINGS
  (2004)                                            COOPERATIVE USE ACT)
FCC adopts new rules preempting local govern-       FEDERAL RESERVE BANK
  mental controls over satellite dishes and an-     Committee to Save the Fox Building v. Birming-

22 PLR 2034                   Preservation Law Reporter                                 Master Index
ham Branch of Federal Reserve Bank (NEPA and           (First Amendment challenge to New York
NHPA), 1 PLR 3102 (1982)                               City landmark ordinance dismissed on ripe-
                                                       ness grounds), 5 PLR 3017 (1986)
FINANCING (See FEDERAL                               Church of St. Paul & St. Andrew v. Barwick
APPROPRIATIONS; GRANT PROGRAMS                         (trial court refuses to permit church to press
and REAL ESTATE DEVELOPMENT)                           hardship attack on landmarking of religious
                                                       property before pursuing available administra-
FIRST AMENDMENT RIGHTS (See also                       tive remedies), 3 PLR 3052 (1984)
RELIGIOUS FREEDOM RESTORATION                        Connecticut appeals court rejects free exercise
ACTS and RELIGIOUS LAND USE AND                        claim in vinyl siding case, 18 PLR 1123
INSTITUTIONALZED PERSONS ACT)                          (1999)
ARTICLE: Patricia A. Xeller, “The Impact of the      Connecticut court upholds local commission’s
  First Amendment on the Preservation of Reli-         denial of permission to install vinyl siding on
  gious Structures,” 3 PLR 2005 (1984)                 historic church, 17 PLR 1079 (1998)
Articles address constitutional issues relating to   Denial of permit to demolish historic monastery
  historic religious properties, 10 PLR 1107           and chapel found unconstitutional, 15 PLR
  (1991)                                               1167 (1996)
Cases relevant to the protection of historic reli-   D.C. Court of Appeals upholds decision to in-
  gious properties, 19 PLR 1154 (2000)                 clude church-owned property in historic dis-
Landmark churches raise constitutional issues, 2       trict, 17 PLR 1153(1998)
  PLR 1061 (1983)                                    Federal district court holds application of land-
“Responding to Requests to Alter or Demolish           mark law to church does not violate first
  Historic Religious Property,” 19 PLR 1160            amendment or result in taking of property
  (2000)                                               without compensation, 9 PLR 3001 (1989)
                                                     Lyng v. Northwest Indian Cemetery Protective
ESTABLISHMENT CLAUSE                                   Assn. (U.S. Supreme Court holds that Indian
California Court of Appeals upholds exemption          tribes do not have constitutional right to block
  from preservation laws for religious purposes,       federal road construction project near sacred
  18 PLR 1029 (1999)                                   grounds in national forest), 7 PLR 2001
California enacts moratorium on religious prop-        (1989)
  erty designations, 12 PLR 1131 (1993)              Maryland Attorney General advises religious
California exempts religious property owners           property not exempt from historic preservation
  from local preservation laws, 13 PLR 1176            regulations, 13 PLR 1146 (1994)
  (1994)                                             Massachusetts high court finds designation of
California superior court strikes down state law       church interior violates state constitution's free
  exempting religious property owners from lo-         exercise clause, 9 PLR 1151 (1990)
  cal preservation laws, 15 PLR 1075 (1996)          Michigan Court of Appeals upholds enforcement
California Supreme Court upholds religious             of Ypsilanti preservation ordinance against
  properties exemption against establishment           free exercise and takings claims, 17 PLR 1195
  clause claim, 19 PLR 1125 (2000)                     (1998)
Federal district court upholds historic preserva-    Missouri appeals court strikes down application
  tion plan for Medicine Wheel National His-           of Ladue zoning ordinance to church, 16 PLR
  toric Landmark, 21 PLR 1179 (2002-3)                 1116 (1997)
LAW SUMMARY: The Establishment Clause,               Northwest Indian Cemetery Protective Ass’n v.
  18 PLR 1034 (1999)                                   Peterson (California Wilderness Act does not
Two federal circuit courts reject establishment        affect Ninth Circuit’s earlier ruling enjoining
  clause claims in zoning disputes, 19 PLR             logging and roar construction on Indian sacred
  1138 (2000)                                          lands within a national forest), 5 PLR 3052
U.S. courts address RLUIPA challenges on ap-           (1986)
  peal, 22 PLR 1005 (2004)                           Northwest Indian Cemetery Protective Ass’n v.
U.S. district court dismisses lawsuit challenging      Peterson (free exercise rights burdened by
  church consent provision in Chicago preserva-        road construction and logging projects affect-
  tion ordinance on standing grounds, 9 PLR            ing sacred site), 2 PLR 3057 (1983)
  1121 (1990)                                        Northwest Indian Cemetery Protective Ass’n v.
U.S. Government efforts to accommodate reli-           Peterson (Ninth circuit bans logging on Indian
  gious exercise of Native Americans withstand         sacred land within national forest), 5 PLR
  establishment clause claims, 22 PLR 1003             3010 (1986)
  (2004)                                             Rector, Wardens & Members of the Vestry of St.
                                                       Bartholomew’s Church v. City of New York
FREE EXERCISE CLAUSE                                   (federal district court holds application of
Church of St. Paul & St. Andrew v. Barwick             landmark law to church does not violate first

Master Index                  Preservation Law Reporter                                   22 PLR 2035
  amendment or result in taking of property             tions on sidewalk tables in art deco historic
  without compensation), 8 PLR 3001 (1989)              district, 18 PLR 1120 (1999)
Second circuit affirms St. Bart's decision: appli-   Eleventh Circuit upholds ordinance limiting
  cation of landmark laws to church-owned               commercial canvassing in Key West historic
  structure upheld under first and fifth amend-         district, 15 PLR 1176 (1996)
  ments, 9 PLR 1103 (1990)                           Eleventh Circuit upholds ordinance prohibiting
Several courts address preservation-related dis-        street performers in St. Augustine historic dis-
  putes around the country (Massachusetts), 20          trict against free speech challenge, 20 PLR
  PLR 1042 (2001)                                       1171 (2001)
Society for Ethical Culture v. Spatt, 1 PLR 3005     Eleventh circuit upholds sign ordinance in his-
  (1982)                                                toric district, 12 PLR 1007 (1993)
Society of Jesus v. Boston Landmarks Comm’n          Federal court upholds the University of Vir-
  (Massachusetts trial court holds interior land-       ginia’s revised lawn use policy regulating the
  mark designation of church violates Jesuits'          symbolic speech of the students to preserve
  first amendment rights), 8 PLR 3007 (1989)            the aesthetic integrity of the rotunda and its
Toledo, Ohio trial court upholds denial of permit       historic grounds, 6 PLR 3050 (1987)
  to demolish historic house, 17 PLR 1191            Federal district court strikes down rule banning
  (1998)                                                newspaper vending machines in historic dis-
U.S. Government efforts to accommodate reli-            trict, 13 PLR 1125 (1994)
  gious exercise of Native Americans withstand       Federal district court upholds ordinance regulat-
  establishment clause claims, 22 PLR 1003              ing "barkers" in historic district, 13 PLR 1204
  (2004)                                                (1994)
U.S. Supreme Court resolves two religious prop-      First Circuit upholds ban on newspaper vending
  erty cases in favor of local preservation pro-        machines, 15 PLR 1189 (1996)
  tections: First Covenant decision vacated and      Fourth Circuit upholds ordinance regulating
  remanded; court denies certiorari in St. Bar-         outdoor signs, 5 PLR 3046 (1986)
  tholomew's, 10 PLR 1041 (1991)                     Members of the City Council of the City of Los
Washington Court of Appeals rules church may            Angeles v. Taxpayers for Vincent (U.S. Su-
  disregard Seattle preservation ordinance, 14          preme Court upholds aesthetic-based sign
  PLR 1001 (1995)                                       regulation) 3 PLR 3034 (1984)
Washington Supreme Court finds Seattle historic      Taxpayers for Vincent v. Members of Los Ange-
  preservation ordinance impinges on church's           les City Council (sign ordinance), 2 PLR 3034
  free exercise of religion, 9 PLR 1039 (1990)          (1983)
Washington Supreme Court rules application of        U.S. Supreme Court finds sign ordinance overly
  demolition delay ordinance to historic school         broad, 13 PLR 1121 (1994)
  infringes on free exercise of religion under
  state constitution, 16 PLR 1001 (1997)             FLORIDA
Washington Supreme Court rules landmark              ARTICLE: Abney, George B. Florida’s Local
  nomination of Seattle church violates Free            Historic Preservation Ordinances: Maintaining
  Exercise Clause of Religion, 15 PLR 1079              Flexibility While Avoiding Vagueness
  (1996)                                                Claims,” 18 PLR 1001 (1999)
Washington Supreme Court rules that Seattle's        Broad-based challenge to Miami Ordinance
  landmarks ordinance violates church's free ex-        dismissed; Designation of Bayside Historic
  ercise rights, 11 PLR 1175 (1992)                     District upheld, 12 PLR 1172 (1993)
Washington Supreme Court upholds conditional         Congress shields historic buildings from trade-
  use permit requirement against first amend-           mark anti-dilution laws, 18 PLR 1233 (1999)
  ment claim, 19 PLR 1147 (2000)                     Designation of Miami's Parrot Jungle upheld
Wilson v. Block (free exercise rights not bur-          against due process claim, 14 PLR 1081
  dened by ski resort project near sacred site), 2      (1995)
  PLR 3057 (1983)                                    Dredge and fill permit denial not a taking, 1 PLR
                                                        2018 (1982)
FREE SPEECH CLAUSE                                   Eleventh Circuit upholds Miami Beach restric-
City of Renton v. Playtime Theatres, Inc. (Su-          tions on sidewalk tables in art deco historic
   preme Court upholds zoning restriction on            district, 18 PLR 1120 (1999)
   adult theatres against first amendment attack),   Eleventh Circuit upholds ordinance limiting
   5 PLR 3009 (1986)                                    commercial canvassing in Key West historic
District court upholds order to remove exterior         district, 15 PLR 1176 (1996)
   wall mural in Charleston historic district; re-   Eleventh Circuit upholds ordinance prohibiting
   jects First Amendment and other constitu-            street performers in St. Augustine historic dis-
   tional claims, 14 PLR 1244 (1995)                    trict against free speech challenge, 20 PLR
Eleventh Circuit upholds Miami Beach restric-           1171 (2001)

22 PLR 2036                   Preservation Law Reporter                                  Master Index
Federal district court upholds ordinance regulat-     District court orders Foreign Missions Board to
   ing "barkers" in historic district, 13 PLR 1204      "substantially comply" with Section 106 and
   (1994)                                               local preservation law, 12 PLR 1075 (1993)
Florida appeals court rejects facial challenge to     D.C. Circuit rules decision "not to disapprove" a
   designation of historic district in Miami, 13        proposed chancery does not trigger Section
   PLR 1179 (1994)                                      106 review, 14 PLR 1065 (1995)
Florida appropriates $400,000 to Historic Preser-
   vation Fund, 3 PLR 1054 (1984)                     FOREST SERVICE, U.S.
Florida authorizes property tax abatements for        (See DEPARTMENT OF AGRICULTURE,
   development rights transfers, 3 PLR 1054           U.S.)
   (1984)
Florida court rules preservation commission           FREE EXERCISE OF RELIGION (See
   violated property owner's due process rights,      FIRST AMENDMENT RIGHTS)
   12 PLR 1092 (1993)
Florida courts uphold local laws restricting de-      FREE SPEECH (See FIRST AMENDMENT
   velopment on historic and environmentally          RIGHTS)
   sensitive land, 9 PLR 1057 (1990)
Florida Dept. of State v. Treasure Salvors, Inc.      FUNDING (See FEDERAL
   (Alocha), 1 PLR 3033, 3085 (1982)                  APPROPRIATIONS; GRANT PROGRAMS
Florida Rock Industries, Inc. v. United States        and REAL ESTATE DEVELOPMENT)
   (denial by Army Corps of Engineers of dredge
   and fill permit for 98 acres of Florida wetlands                          G
   held taking of land purchased for limestone
   mining), 4 PLR 3036 (1985)                         GAMBLING
Glisson v. Alachua County (Florida court up-          APA and National Trust publish new report on
   holds constitutional validity of county ordi-        gambling and historic preservation, 16 PLR
   nance regulating land use and development on         1108 (1997)
   historic and environmentally sensitive lands),
   7 PLR 2007 (1988)                                  GENERAL ACCOUNTING OFFICE
Historic shipwrecks laws reviewed, 2 PLR 2072         General Accounting Office issues report on
   (1983)                                               historic preservation tax incentives, 3 PLR
Jupiter Wreck, Inc. v. Unidentified Sailing Ves-        1023 (1984)
   sel (district court finds Florida has colorable    General Accounting Office issues report on
   claim to abandoned shipwreck based upon its          major Urban Development Action Grant is-
   assertion of sovereign immunity), 8 PLR 3046         sues, 4 PLR 1008 (1985)
   (1989)                                             General Accounting Office releases "Four Cor-
Klein v. Unidentified, Wrecked and Abandoned            ners" Report on Archeological Protection, 7
   Sailing Vessel (Eleventh circuit denies diver’s      PLR 1027 (1988)
   salvage claim for historic shipwreck), 5 PLR       General Accounting Office releases report of
   3008 (1986)                                          effect of federal estate tax on historic proper-
NASA agrees to save space tower (MOA issued),           ties, 7 PLR 1028 (1988)
   2 PLR 1032 (1983)                                  Report on historic preservation tax incentives, 3
New preservation legislation in Florida, 4 PLR          PLR 1023 (1984)
   1107 (1985)
Preservation-related legislation adopted in four      GENERAL SERVICE ADMINISTRATION
   states, 11 PLR 1121 (1992)                         City of Columbia v. Solomon (NEPA), 1 PLR
Religious protection laws considered on Capitol          3069 (1982)
   Hill and by several state legislatures, 17 PLR     Handicapped access standards to allow sensitive
   1124 (1998)                                           treatment of historic buildings, 3 PLR 1064
State and federal courts address wide range of           (1984)
   preservation issues (historic schools), 20 PLR     Mixed-use project for federal building nearing
   1091 (2001)                                           completion in Washington, 2 PLR 1015
Three courts address procedural due process              (1983)
   claims in the context of preservation laws, 20     Nashville group files suit to save National His-
   PLR 1055 (2000)                                       toric Landmark, 2 PLR 1025 (1983)
Two new federal shipwrecks cases decided, 5           Opposition to proposed annex to federal court-
   PLR 3043 (1986)                                       house in Charlestown, S.C., grows, 3 PLR
U.S. courts address RLUIPA challenges on ap-             1016 (1984)
   peal, 22 PLR 1005 (2004)
                                                      GEORGIA
FOREIGN MISSIONS ACT                                  Advisory Council refers Presidential Parkway

Master Index                   Preservation Law Reporter                                  22 PLR 2037
   dispute to CEQ for comment, 3 PLR 1048                and adopts property tax freeze for qualified
   (1984)                                                historic structures, 8 PLR 1022 (1989)
Atlanta and Rochester successfully defend             Georgia, Iowa and Wisconsin act on building
   against "takings" claims for denying demoli-          codes, 3 PLR 1037 (1984)
   tion permits (Atlanta 10 v. City of Atlanta), 9    Georgia legislature passes law governing state
   PLR 1013 (1990)                                       stewardship of historic places, 17 PLR 1243
Atlanta Presidential Parkway transfer of park            (1998)
   land invalidated by Georgia Supreme Court, 4       Georgia, Missouri, and Texas adopt new preser-
   PLR 1048 (1985)                                       vation legislation. Oregon and Virginia con-
Carson v. Avord (NEPA and NHPA) 1 PLR                    sider just compensation issues, 10 PLR 1104
   3076 (1982)                                           (1991)
Chance v. Certain Artifacts Found and Salvaged        Georgia revises historic shipwreck legislation, 4
   from the Nashville (Georgia court applies laws        PLR 1110 (1985)
   of finds rather than maritime law of salvage to    Legal battles continue in Presidential Parkway
   determine ownership of wreck imbedded in              dispute, 4 PLR 1081 (1985)
   river bottom), 4 PLR 3012 (1985)                   National Trust files Section 4(f) suit in Atlanta to
City of Atlanta adopts comprehensive historic            stop presidential parkway, 3 PLR 1065 (1984)
   preservation ordinance, 8 PLR 1018 (1989)          New Georgia law gives legislative basis to pres-
Court affirms IRS denial of charitable contribu-         ervation activities at state level, 5 PLR 1033
   tion for easement donation where mortgage             (1986)
   not subordinated, 15 PLR 1116 (1996)               Presidential Parkway opponents lose round one
Court rules that taxpayer may claim tax credit in        but file expedited appeal, 4 PLR 1013 (1985)
   phased rehabilitation project before meeting       Recent developments in billboard litigation, 5
   "substantial rehabilitation test", 10 PLR 1057        PLR 1014 (1986)
   (1991)                                             Religious protection laws considered on Capitol
Department of Transportation v. City of Atlanta          Hill and by several state legislatures, 17 PLR
   (Georgia Supreme Court holds that State               1124 (1998)
   Highway Department has no authority to con-        Several courts examine scope of preservation
   demn municipal property and city has no au-           commission’s authority under preservation or-
   thority to transfer dedicated parkland to state       dinances, 19 PLR 1083 (2000)
   for highway), 4 PLR 3062 (1985)                    Several states adopt preservation-related laws
Druid Hills Civic Ass’n v. FHWA and National             (Georgia, Maryland, Missouri, New Jersey,
   Trust for Historic Preservation v. FHWA               North Carolina, Virginia) 16 PLR 1219 (1997)
   (Presidential Parkway alternatives inade-          States adopt new measures to preserve historic
   quately explored under Section 4(f)(2)), 4            buildings (archeological protection), 20 PLR
   PLR 3057 (1985)                                       1214 (2001)
Easement valuation disputes persist, 3 PLR 1047       Supreme Court broadens “public use” for taking
   (1984)                                                purposes and Georgia trial court strengthens
Eleventh Circuit upholds Army Corps’ permit              procedural requirements for nongovernmental
   enabling construction of highway in Cobb              entities using condemnation powers, 3 PLR
   County historic district, 16 PLR 1136 (1997)          1035 (1984)
Eleventh circuit upholds sign ordinance in his-       Supreme Court declines to review Georgia tak-
   toric district, 12 PLR 1007 (1993)                    ings case upholding landscaping requirement
Georgia appeals court denies neighborhood                under Dolan, 14 PLR 1242 (1995)
   association standing to challenge rezoning ac-
   tion, 15 PLR 1024 (1996)                           GOVERNMENT-CONTROLLED
Georgia building code workshops held, 4 PLR           HISTORIC PROPERTIES (See also
   1051 (1985)                                        EXECUTIVE ORDERS; FEDERAL LAND
Georgia Court of Appeals upholds amendments           POLICY AND MANAGEMENT ACT;
   to Rome’s historic district ordinance against      HISTORIC PRESERVATION ORDINANCES
   notice challenge, 21 PLR 1153 (2002-3)             and PUBLIC BUILDINGS COOPERATIVE
Georgia court rules that agreements under Sec-        USE ACT)
   tion 106 and Section 4(f) do not require transit   Congress breaks deadlock to restore the West
   authority to donate parkland, 10 PLR 1049            Front of the U.S. Capitol with overwhelming
   (1991)                                               vote, 2 PLR 1037 (1983)
Georgia court upholds county's use of condem-         Connecticut passes two preservation related bills
   nation authority for historic preservation pur-      (Cooperative Use Act and ancient burial
   poses, 14 PLR 1233 (1995)                            places statute), 3 PLR 1053 (1984)
Georgia court upholds denial of certificate of        Handicapped access standards to allow sensitive
   appropriateness, 9 PLR 1011 (1990)                   treatment of historic buildings, 3 PLR 1064
Georgia creates comprehensive planning process          (1984)

22 PLR 2038                    Preservation Law Reporter                                   Master Index
Interior Department proposed land protection
   guidelines for National Park units, 2 PLR          STATE
   1022 (1983)                                        Administration’s 1985 budget recommends zero
Kansas tightens acquisition of historic properties,      funding for states and National Trust, 3 PLR
   3 PLR 1010 (1984)                                     1014 (1984)
Lease and exchange of historic properties by the      California adopts preservation legislation pack-
   National Park Service, 1 PLR 1043 (1982)              age, 4 PLR 1035 (1985)
Mixed-use project for federal building nearing        Connecticut awards grant for study of local legis-
   completion, 2 PLR 1015 (1983)                         lative options to protect archeological re-
Nashville group files suit to save National His-         sources, 3 PLR 1053 (1984)
   toric Landmark (GSA), 2 PLR 1025 (1983)            Environmental Quality Bond Act approved in
National Building Museum preservation pro-               New York, 5 PLR 1044 (1986)
   grams receive funding from Congress, 4 PLR         Facade grant program encourages downtown
   1022 (1985)                                           revitalization, 4 PLR 1016 (1985)
New York lawsuit forces transfer of historic          Federal funding for California missions ap-
   properties to national recreation area, 3 PLR         proved, 22 PLR 1034 (2004)
   1018 (1984)                                        Florida appropriates $400,000 Historic Preserva-
Preservation of U.S. Capitol faces critical test in      tion Fund, 3 PLR 1054 (1984)
   Congress, 2 PLR 1020 (1983)                        Iowa adopts main street linked investment loan
State of Washington v. City of Seattle (property         program, 8 PLR 1023 (1989)
   owned by state agencies may be subject to          Maine and Rhode Island voters approve preser-
   regulation by local preservation commissions          vation bond issues, 4 PLR 1108 (1985)
   when a state legislature has expressly author-     New Jersey bond issue, 6 PLR 1045 (1987)
   ized municipalities to exercise and delegate       States find new money to fund preservation
   such power), 2 PLR 3020 (1983)                        projects and programs, 9 PLR 1141 (1990)
Texas legislature amends powers of Antiquities
   Committee (educational facilities and state        GUAM
   owned buildings), 2 PLR 1057 (1983)                Marx v. Government of Guam (Ninth circuit
                                                        finds Guam has colorable claim to ship-
GRANT PROGRAMS (See also FEDERAL                        wrecked Spanish galleons under federal Sub-
APPROPRIATIONS)                                         merged Lands Act and state territorial statute),
                                                        8 PLR 3044 (1989)
FEDERAL
American Heritage Trust Act proposed, 7 PLR                                  H
   1003 (1988)
American Heritage Trust Act, 8 PLR 1003               HANDICAPPED ACCESS (See also
   (1989)                                             AMERICANS WITH DISABILTIES ACT and
HUD implements changes in community devel-            ARCHITECTURAL BARRIERS ACT)
   opment block grant program, 4 PLR 1098             Eighth Circuit affirms NPS discretion in provid-
   (1985)                                               ing accessibility at historic sites in dismissal
HUD issues interim regulations for the Housing          of "slip and fall" case at St. Louis Arch, 17
   Development Grant Program, 3 PLR 1050                PLR 1056 (1998)
   (1984)                                             Handicapped access standards to allow sensitive
HUD issues interim regulations for the rental           treatment of historic buildings, 3 PLR 1064
   rehabilitation program, 3 PLR 1034 (1984)            (1984)
HUD permits use of community development              New Jersey court invalidates handicapped access
   block grants for HODAG and Rental Reha-              rule, 11 PLR 1065 (1992)
   bilitation Grant Programs, 3 PLR 1051 (1984)
HUD will apply Secretary’s standards for reha-        HAWAII
   bilitation to National Register-eligible prop-     Hawaiian highway given congressional exemp-
   erty under the rental rehabilitation and hous-       tion from Section 4(f), 5 PLR 1036 (1986)
   ing development grant programs, 3 PLR 1027         Hawaii property tax exemption for historic house
   (1984)                                               owners enacted, 2 PLR 1027 (1983)
National Building Museum preservation pro-            Hawaii Supreme Court rules Native Hawaiians
   grams receive funding from Congress, 4 PLR           retain traditional gathering rights on private
   1022 (1985)                                          land, 15 PLR 1065 (1996)
Preservation bonds approved by Rhode Island           Historic Honolulu neighborhood considers new
   voters, 22 PLR 1038 (2004)                           controls on residential development, 14 PLR
Working partners catalog of community devel-            1230 (1995)
   opment projects available from HUD, 4 PLR          Kyo-ya Co., Ltd. v. Hawaii Historic Places Re-
   1039 (1985)                                          view Board (historic register listing), 1 PLR

Master Index                   Preservation Law Reporter                                  22 PLR 2039
   3012 (1982)                                        Committee to Save the Beacon Theater v. City of
Lai v. City of Honolulu (Ninth circuit holds             New York (appellate court upholds New York
   inverse condemnation action challenging               City's Landmarks Preservation Commission's
   height restriction ordinance protecting historic      conditional approval to alter interior of Broad-
   and scenic attraction is not ripe for review), 7      way theater), 8 PLR 3057 (1989)
   PLR 2006 (1988)                                    The Committee to Save Mount Neboh v. New
Lease legislation aids preservation in Hawaii, 4         York City Landmarks Preservation Commis-
   PLR 1108 (1985)                                       sion and 78th Street Mt. Neboh Preservation
Midkiff v. Tom (Ninth Circuit strikes down               Committee v. McCough (New York trial
   Hawaii Land Reform Act as facially unconsti-          courts uphold approval by Landmarks Preser-
   tutional), 2 PLR 3075 (1983)                          vation Commission of demolition permit for
Stop H-3 Assn. v. Dole (Ninth circuit upholds            designated landmark), 2 PLR 3077 (1983)
   Section 4(f) exemption for federal road con-       Florida court rules preservation commission
   struction project in Hawaii), 8 PLR 3038              violated property owner's due process rights,
   (1989)                                                12 PLR 1092 (1993)
Stop H-3 Ass’n v. Dole (rejection of no-build         Historic Easton, Inc. v. Ridgeway (preservation
   alternative held to violate Section 4(f)), 3 PLR      commission’s jurisdiction over new construc-
   3054 (1984)                                           tion), 3 PLR 3007 (1984)
Supreme Court broadens “public use” for taking        New state legislation for local preservation
   purposes and Georgia trial court strengthens          commissions introduced, 3 PLR 1039 (1984)
   procedural requirements for nongovernmental        North Carolina court finds preservation commis-
   entities using condemnation powers, 3 PLR             sion record inadequate, 2 PLR 1060 (1983)
   1035 (1984)                                        Property owner may appeal preservation com-
U.S. Supreme Court hears two major takings               mission decision directly to court, 7 PLR 2049
   cases, 22 PLR 1007 (2004)                             (1988)
                                                      78th Street Mt. Neboh Preservation Committee v.
HEIGHT RESTRICTIONS (See LAND USE                        McCough (New York trial courts uphold ap-
REGULATIONS)                                             proval by Landmarks Preservation Commis-
                                                         sion of demolition permit for designated land-
HIGHWAY BEAUTIFICATION ACT (See                          mark), 2 PLR 3077 (1983)
BILLBOARDS and SCENIC ROADS)                          Several courts examine scope of preservation
                                                         commission’s authority under preservation or-
HISTORIC LIGHTHOUSES                                     dinances, 19 PLR 1083 (2000)
Congress approves historic lighthouse law and         States considering new enabling legislation for
  codifies Executive Order 13006, 20 PLR 1227            local preservation commissions (Illinois coun-
  (2000)                                                 ties), 4 PLR 1034 (1985)
Lighthouse conveyed under National Historic           Trial court upholds interior designation of Four
  Lighthouse Act reverts to U.S. Coast Guard,            Seasons Restaurant by New York City preser-
  22 PLR 1026 (2004)                                     vation commission, 9 PLR 1117 (1990)
U.S. Coast Guard directed to comply with federal      U.S. District Court denies motion to dismiss due
  preservation laws before replacing lens in his-        process claim against historic preservation
  toric lighthouse, 9 PLR 1091 (1990)                    commission and village board, 6 PLR 3048
                                                         (1987)
HISTORIC PRESERVATION                                 V.H.S. Realty, Inc. v. Hyde (Massachusetts court
COMMISSIONS (See also HISTORIC                           holds that preservation commission must file
PRESERVATION ORDINANCES)                                 decision with town clerk for determination on
ARTICLE: Katherine Raub Ridley, "Common                  application to be complete), 4 PLR 3010
  Pitfalls in the Life and Work of Local Historic        (1985)
  Preservation Commissions," 8 PLR 2011
  (1989)                                              HISTORIC PRESERVATION LAW,
ARTICLE: Bradford J. White and Paul W.                OVERVIEW
  Edmondson, “Procedural Due Process and              Julia H. Miller, “Untangling the Preservation
  Historic Preservation: Basic Legal Principles          Web: Understanding the Different Ap-
  for Local Preservation Commissions,” 14 PLR            proaches to Historic and Cultural Resource
  1021 (1995)                                            Protection,” 15 PLR 1001 (1996)
ARTICLE: James R. Wilson, “The Duties of a
  Lawyer for a Historic District Commission,” 2       HISTORIC PRESERVATION
  PLR 2029 (1983)                                     ORDINANCES (See also CONSERVATION
Challenges to preservation commission decisions       DISTRICT ORDINANCES; DESIGN
  addressed in three state court decisions, 9 PLR     REVIEW ORDINANCES; DUE PROCESS;
  1107 (1990)                                         FIRST AMENDMENT RIGHTS; HISTORIC

22 PLR 2040                    Preservation Law Reporter                                  Master Index
PRESERVATION ORDINANCES,                            Some thoughts on using model ordinances, 9
CHALLENGES TO; LAND USE                               PLR 1048 (1990)
REGULATION; STATE HISTORIC
PRESERVATION STATUTES and TAKINGS
/JUST COMPENSATION)                                 HISTORIC PRESERVATION
                                                    ORDINANCES, CHALLENGES TO (See
ARTICLES                                            also HISTORIC PRESERVATION
ARTICLE: Julia H. Miller, “Frequently Asked         ORDINANCES, CHALLENGES UNDER
  Questions About Local Preservation Laws,”         SPECIFIC PROVISIONS)
  16 PLR 1080 (1997)                                Court rejects planning commission's narrow view
ARTICLE: Katherine Raub Ridley, "Common                of its power to deny permits, 9 PLR 1097
  Pitfalls in the Life and Work of Local Historic      (1990)
  Preservation Commissions," 8 PLR 2011             Delaware Supreme Court rules historical society
  (1989)                                               and historic district landowners may challenge
ARTICLE: Richard J. Roddewig and Jerry I.              office building project, 21 PLR 1218 (2002-3)
  Wishnoff, “Landmark Preservation: The New         D.C. Court of Appeals lacks jurisdiction to re-
  Chicago Ordinance,” 6 PLR 2017 (1987)                view Joint Committee on landmarks decision,
ARTICLE: James R. Wilson, “The Duties of a             1 PLR 1052 (1982)
  Lawyer for a Historic District Commission,“ 2     Estate of Neuberger v. Township of Middletown
  PLR 2029 (1983)                                      (New Jersey appellate court affirms invalidity
ARTICLE: Steven J. Zick, “Politics and the             of preservation ordinance), 6 PLR 3015
  Landmark Ordinance in Chicago: A Continu-            (1987)
  ing Threat to Preservation,“ 4 PLR 2022           Estate of Neuberger v. Township of Middletown
  (1985)                                               (New Jersey superior court invalidates local
                                                       preservation ordinance), 5 PLR 3018 (1986)
AMENDMENTS,            ENACTMENTS,          AND     Farmington Savings Bank v. Zoning Board of
   RECISSIONS                                          Appeals (state statute validating procedurally
Amendments of Kansas municipal zoning ordi-            defective historic districts upheld), 2 PLR
   nances require review by State Historic Pres-       3047 (1983)
   ervation Officer, 6 PLR 1024 (1987)              Federal district court dismisses constitutional
ARTICLE: Richard J. Roddewig and Jerry I.              challenge to Castine, Maine preservation or-
   Wishnoff, “Landmark Preservation: The New           dinance, 20 PLR 1175 (2001)
   Chicago Ordinance,” 6 PLR 2017 (1987)            Federal district court rejects challenge to preser-
Charleston Architectural Review Board reports          vation ordinance under Religious Freedom
   on activities, 3 PLR 1022 (1984)                    Restoration Act; Rules act unconstitutional,
City of Atlanta adopts comprehensive historic          14 PLR 1045 (1995)
   preservation ordinance, 8 PLR 1018 (1989)        Federal district court strikes down rule banning
Connecticut enacts new preservation bills,             newspaper vending machines in historic dis-
   (owner consent) 4 PLR 1107 (1985)                   trict, 13 PLR 1125 (1994)
Dallas studies ordinance changes, 1 PLR 1005        Federal district court upholds Chicago's preser-
   (1982)                                              vation ordinance against constitutional chal-
Georgia Court of Appeals upholds amendments            lenge, 11 PLR 1006 (1992)
   to Rome’s historic district ordinance against    Federal district court upholds denial of permit to
   notice challenge, 21 PLR 1153 (2002-3)              demolish Chicago landmarks in broad-based
Handbook on drafting preservation ordinances           lawsuit, 14 PLR 1087 (1995)
   published by APA, 2 PLR 1044 (1983)              Historic district ordinance in St. Louis chal-
New preservation ordinance for Philadelphia, 4         lenged on constitutional grounds, 2 PLR 3005
   PLR 1050 (1985)                                     (1983)
New York committee to issue report on admini-       Historic Easton, Inc. v. Ridgeway (preservation
   stration of landmarks law, 4 PLR 1051 (1985)        commission’s jurisdiction over new construc-
Ohio Historic Preservation Office publishes            tion), 3 PLR 3007 (1984)
   model historic preservation provisions, 8 PLR    Lafayette Park Baptist Church v. Board of Ad-
   1034 (1989)                                         justment (constitutional challenge to preserva-
Pennsylvania municipality rescinds historic            tion ordinance/economic hardship), 2 PLR
   district ordinance, 1 PLR 1053 (1983)               3005 (1983)
Portland, Maine adopts new preservation ordi-       Massachusetts court rules Beacon Hill Commis-
   nance, 9 PLR 1065 (1990)                            sion can ban "street furniture" through sub-
Riverside, Illinois adopts new preservation ordi-      stantive rulemaking, 15 PLR 1039 (1996)
   nance, 11 PLR 1038 (1992)                        Massachusetts high court rules comprehensive
San Antonio enacts comprehensive preservation          “fast track” permitting scheme for affordable
   ordinance, 5 PLR 1052 (1986)                        housing applies to historic review board ac-

Master Index                  Preservation Law Reporter                                 22 PLR 2041
  tions, 22 PLR 1017 (2004)                            time limits for commission review), 7 PLR
Mayes v. City of Dallas (Federal court of appeals      2043 (1988)
  finds standards in local preservation ordinance    Scherbel v. Salt Lake City Corp. (Utah court
  sufficiently precise), 4 PLR 3027 (1985)             determines that executive rather then legisla-
Michigan attorney general upholds Mackinac             tive body must hear appeals from planning
  Island historic district ordinance, 1 PLR 1043       commission on conceptual approval of pro-
  (1982)                                               posed projects in historic district), 7 PLR
Millburn, New Jersey preservation ordinance            2045 (1988)
  upheld against vagueness challenge, 15 PLR         Seventh Circuit ruling in Chicago Landmarks
  1151 (1996)                                          case limits right of local governments to re-
Mirzo v. Landmarks Comm’n of Borough of                move preservation challenges to federal court,
  Catskill (lawsuit challenging landmarks ordi-        16 PLR 1015 (1997)
  nance filed), 3 PLR 3030 (1984)                    Several courts examine scope of preservation
New Jersey attorney general determines city            commission’s authority under preservation or-
  lacks enabling authority to establish economic       dinances (demolition/appeal/ res judicata), 19
  hardship variance procedure, 16 PLR 1121             PLR 1083 (2000)
  (1997)                                             Town of Chesterfield v. Brooks (state court
New York state law does not authorize munici-          invalidates local ordinance restricting place-
  pality to regulate ownership of historic site, 6     ment of manufactured housing and suggests
  PLR 3020 (1987)                                      that community protect its character through
New York trial court invalidates preservation          creation of local historic district), 4 PLR 3024
  ordinance (notice), 7 PLR 2048 (1988)                (1984)
North Carolina court finds preservation commis-      U.S. Supreme Court resolves two religious prop-
  sion inadequate, 2 PLR 1060 (1983)                   erty cases in favor of local preservation pro-
Ohio court upholds Springfield preservation            tections: First Covenant decision vacated and
  ordinance against unlawful delegation charge,        remanded; court denies certiorari in St. Bar-
  11 PLR 1144 (1992)                                   tholomew's, 10 PLR 1041 (1991)
Ohio trial court finds Dayton's historic preserva-   Village of Hudson v. Albrecht, Inc. (aesthetic
  tion ordinance to be unconstitutional, 11 PLR        zoning upheld), 3 PLR 3024 (1984)
  1001 (1992)                                        Washington Court of Appeals rules church may
Other state courts have uniformly rejected tak-        disregard Seattle preservation ordinance, 14
  ings or police power challenges to historic          PLR 1001 (1995)
  preservation regulation, 10 PLR 1117 (1991)        Washington Supreme Court finds Seattle historic
Pennsylvania Supreme Court reverses itself in          preservation ordinance impinges on church's
  United Artists; Rules Philadelphia preserva-         free exercise of religion, 9 PLR 1039 (1990)
  tion ordinance is constitutional, 12 PLR 1165      Washington Supreme Court rules that Seattle's
  (1993)                                               landmarks ordinance violates Church's free
Pennsylvania Supreme Court rules Philadelphia          exercise rights, 11 PLR 1175 (1992)
  preservation ordinance violates Pennsylvania
  constitution, subsequently grants reargument,      INTERGOVERNMENTAL CONFLICTS
  10 PLR 1109 (1991)                                 Buffalo trial court rules that utility company
Permission to submit a supplemental authority in        must obtain certificate of appropriateness
  United Artists case denied, 12 PLR 1127               prior to installing gas meters, 22 PLR 1015
  (1993)                                                (2004)
Property owner may appeal preservation com-          City of Aurora not required to obtain certificate
  mission decision directly to court, 7 PLR 2049        of appropriateness before demolishing historic
  (1988)                                                building on public safety grounds, 15 PLR
Rector, Wardens & Members of the Vestry of St.          1044 (1996)
  Bartholomew’s Church v. City of New York           City of Santa Fe v. Armijo (enforceability of
  (federal district court holds application of          local ordinance against state), 1 PLR 3061
  landmark law to church does not violate first         (1982)
  amendment or result in taking of property          County government resists city preservation law
  without compensation), 8 PLR 3001 (1989)              in Ste. Genevieve, Mo., 3 PLR 1012 (1984)
Rudey v. Landmarks Preservation Comm’n               District court orders Foreign Missions Board to
  (shareholders of cooperative building have            "substantially comply" with Section 106 and
  standing to challenge decision requiring resto-       local preservation law, 12 PLR 1075 (1993)
  ration of apartment's wooden windows), 7           Ebert v. New York State Office of Parks, Recrea-
  PLR 2055 (1988)                                       tion, and Historic Preservation (New York
Salvatore v. Schenectady (New York court up-            court rules state agency exempt from local
  holds constitutionality of historic preservation      preservation ordinance), 5 PLR 3038 (1986)
  provisions but requires strict adherence to        State of Washington v. City of Seattle (property

22 PLR 2042                   Preservation Law Reporter                                  Master Index
  owned by state agencies may be subject to              City's Landmarks Preservation Commission's
  regulation by local preservation commissions           conditional approval to alter interior of Broad-
  when a state legislature has expressly author-         way theater), 8 PLR 3057 (1989)
  ized municipalities to exercise and delegate        Connecticut appeals court rejects free exercise
  such power), 2 PLR 3020 (1983)                         claim in vinyl siding case, 18 PLR 1123
                                                         (1999)
                                                      Connecticut court upholds local commission's
HISTORIC PRESERVATION                                    denial of permission to install vinyl siding on
ORDINANCES, CHALLENGES UNDER                             historic church, 17 PLR 1079 (1998)
SPECIFIC PROVISIONS (See also                         Delaware supreme court affirms denial of permit
HISTORIC PRESERVATION                                    for aluminum storm door, 11 PLR 1133
ORDINANCES, CHALLENGES TO)                               (1992)
                                                      Denial of permission to install vinyl siding on
AFFIRMATIVE MAINTENANCE                                  historic house in Fort Wayne upheld by Indi-
(DEMOLITION BY NEGLECT)                                  ana appellate court, 10 PLR 1053 (1991)
ARTICLE: "Minimum Maintenance Provisions:             District court upholds order to remove exterior
  Preventing Demolition by Neglect" by Oliver            wall mural in Charleston historic district; re-
  Pollard, III, 8 PLR 2001 (1989)                        jects First Amendment and other constitu-
Buttnick v. City of Seattle (Washington Supreme          tional claims, 14 PLR 1244 (1995)
  Court upholds requirement that owner of a           D.C. Court of Appeals upholds denial of permit
  building within a historic district replace a de-      for garage in local historic district, 21 PLR
  teriorating parapet), 5 PLR 3039 (1986)                1141 (2002-3)
D.C. Court reverses approval of demolition of         Faulkner v. Town of Chesterton (alteration/non-
  historic landmark as unauthorized under pres-          contributing resource), 1 PLR 3014 (1982)
  ervation act, 13 PLR 1152 (1994)                    Gunther v. Groton Historic District Comm’n
Harris v. Parker (Virginia court upholds manda-          (installation of solar panels)), 1 PLR 3011
  tory maintenance provision of historic district        (1982)
  ordinance), 5 PLR 3007 (1986)                       Hunter v. City of Cleveland (Ohio court holds
Improved Dwelling Co. v. Flannery (Civil court           city not responsible for damages for with-
  requires tenants to allow landlord access to in-       drawing erroneous building permits in historic
  stall new windows in premises designated as            district), 8 PLR 3066 (1989)
  landmark and subject to affirmative mainte-         Missouri court remands to city council for recon-
  nance requirement), 6 PLR 3044 (1987)                  sideration of variance to install vinyl siding on
Maine court rules order directing owner to repair        historic landmark building, 7 PLR 2047
  historic property is an unlawful "taking," 12          (1988)
  PLR 1195 (1993)                                     New York trial court reverses denial of permit to
Michigan court upholds order to paint historic           install vinyl siding on house located in Coo-
  building, 11 PLR 1117 (1992)                           perstown Historic District, 10 PLR 1062
                                                         (1991)
CERTIFICATES OF APPROPRIATENESS                       Ohio court upholds decision based on rehabilita-
(See also ECONOMIC HARDSHIP)                             tion guidelines (security bars), 12 PLR 1010
Alterations                                              (1993)
Annapolis Historic District Comm’n v. Lavies          Parker v. Beacon Hill Arch. Comm’n (Massa-
   (ban on use of plastic construction materials in      chusetts court affirms denial of certificate of
   historic district upheld), 6 PLR 3013 (1987)          appropriateness to alter Beacon Hill row-
Application of Levine (window replacement), 2            house), 8 PLR 3054 (1989)
   PLR 3038 (1983)                                    Procedural challenge to Nashville design guide-
Arkansas trial court overturns preservation com-         lines rejected due to passage of time; Boulder
   mission decision denying permission to apply          ordinances allowing special agreements for
   vinyl siding to residence within historic dis-        university’s historic property invalidated on
   trict, 3 PLR 3042 (1984)                              due process grounds, 22 PLR 1009 (2004)
Buffalo trial court rules that utility company        Proskin v. Donovan (New York court affirms
   must obtain certificate of appropriateness            order to remove granite facade on historically
   prior to installing gas meters, 22 PLR 1015           significant house), 8 PLR 3059 (1989)
   (2004)                                             Seventh circuit affirms district court ruling on
Challenges to preservation commission decisions          equal protection claim in case challenging de-
   addressed in three state court decisions (vinyl       nial of vinyl siding request, 21 PLR 1124
   siding, new construction, landscaping), 9 PLR         (2002-3)
   1107 (1990)                                        Seventh Circuit rejects vagueness challenge in
Committee to Save the Beacon Theater v. City of          alteration dispute, 20 PLR 1145 (2001)
   New York (appellate court upholds New York         State and federal courts address wide range of

Master Index                   Preservation Law Reporter                                   22 PLR 2043
  preservation issues (vinyl siding), 20 PLR            (Indiana court requires state commission to
  1095, 1098 (2001)                                     reconstruct demolished historic school), 5
                                                        PLR 3005 (1986)
Demolitions (See also AFFIRMATIVE                    Lubelle v. Rochester Preservation Board (New
MAINTENANCE; ECONOMIC HARDSHIP;                         York supreme court rejects takings claim
PUBLIC SAFETY EXCEPTIONS and SPE-                       based on denial of permission to demolish his-
CIAL MERIT/PUBLIC INTEREST                              toric structure), 7 PLR 2008 (1988)
EXCEPTIONS)                                          Michigan Court of Appeals upholds enforcement
ARTICLE: Carolyn J. Hamm, “When the Bull-               of Ypsilanti preservation ordinance against
   dozer Should Win: A Survey of Laws and               free exercise and takings claims, 17 PLR 1195
   Cases Authorizing Demolition of Historic Re-         (1998)
   sources, 1 PLR 2076 (1982)                        New Jersey Appellate Court affirms declaratory
Atlanta and Rochester successfully defend               ruling that historic landmark owners failed to
   against "takings" claims for denying demoli-         meet demolition permit requirements in pres-
   tion permits, 9 PLR 1013 (1990)                      ervation ordinance, 21 PLR 1137 (2002-3)
Broadview Apartments Co. v. Comm’n for His-          New York appeals court upholds conditioning
   torical and Architectural Preservation (demoli-      issuance of demolition permit on approval of
   tion permit denial) 1 PLR 3058 (1982)                new construction plans, 9 PLR 1094 (1990)
Citizens Committee to Save Historic Rhodes           900 G Street Associates v. Dept. of Housing and
   Tavern v. Dept. of Housing & Community               Community Dev., 1 PLR 3001 (1982)
   Dev. (permit denial), 1 PLR 3023 (1982)           Ohio Supreme Court rules property owner not
City of Aurora not required to obtain certificate       entitled to compensation for alleged taking, 18
   of appropriateness before demolishing historic       PLR 1065 (1999)
   building on public safety grounds, 15 PLR         Pennsylvania court denies preliminary injunction
   1044 (1996)                                          to prevent demolition of Pittsburgh's Syria
City of Chicago v. Roppolo (constructive trust          Mosque, 10 PLR 1095 (1991)
   imposed against building owner for illegal        Pennsylvania court upholds denial of permit to
   demolition), 3 PLR 3044 (1984)                       demolish Victorian hotel, 12 PLR 1190 (1993)
City of Villa Grove v. Missouri Pacific Railroad     Pennsylvania Supreme Court reverses Weinberg,
   (illegal demolition), 1 PLR 3013 (1982)              rejecting takings claim, 15 PLR 1086 (1996)
Court rejects planning commission's narrow view      Pennsylvania Supreme Court upholds denial of
   of its power to deny permits, 9 PLR 1097             permit to demolish historic building against
   (1990)                                               takings and vagueness challenges, 16 PLR
Demolition permit denial under local preserva-          1007 (1997)
   tion ordinance upheld against due process         Pennsylvania trial court paves way for demoli-
   challenge, 18 PLR 1205 (1999)                        tion of historic house, 13 PLR 1068 (1994)
Denial of permit to demolish historic monastery      Rector, Wardens & Members of the Vestry of St.
   and chapel found unconstitutional, 15 PLR            Bartholomew’s Church v. City of New York
   1167 (1996)                                          (federal district court holds application of
Denial of permit to demolish nineteenth century         landmark law to church does not violate first
   sea captain's house upheld by Rhode Island           amendment or result in taking of property
   supreme court, 9 PLR 1088 (1990)                     without compensation), 8 PLR 3001 (1989)
Don’t Tear it Down, Inc. v. Dept. of Housing &       St. Bartholomew’s submits plan for skyscaper, 1
   Community Dev., (demolition permit/special           PLR 1039 (1982)
   merit), 1 PLR 3040 (1982)                         Second circuit affirms St. Bart's decision: Appli-
D.C. Court of Appeals upholds city's denial of          cation of landmark laws to church-owned
   permit to demolish contributing structure in         structure upheld under first and fifth amend-
   historic district, 14 PLR 1197 (1995)                ments, 9 PLR 1103 (1990)
D.C. Court reverses approval of demolition of        Seventh Circuit affirms demolition permit denial
   historic landmark as unauthorized under pres-        in International College of Surgeons, 17 PLR
   ervation act, 13 PLR 1152 (1994)                     1133 (1998)
Federal court upholds denial of demolition per-      Several courts examine scope of preservation
   mit by historic district commission against          commission’s authority under preservation or-
   RLUIPA claim, 22 PLR 1005 (2004)                     dinances (demolition/deemed approved provi-
Harris Trust & Savings Bank v. Duggan (Harris           sion), 19 PLR 1083 (2000)
   Trust & Savings Bank v. Duggan (demolition        Several courts examine scope of preservation
   permits revoked) 1 PLR 3079 (1982)                   commission’s authority under preservation or-
Historic district property owners have standing to      dinances (demolition/appeal/res judicata), 19
   challenge demolition, 14 PLR 1252 (1995)             PLR 1083 (2000)
Indiana ex rel. Historic Landmarks Foundaton of      Several courts examine scope of preservation
   Indiana, Inc. v. White River Dev. Comm’n             commission’s authority under preservation or-

22 PLR 2044                   Preservation Law Reporter                                  Master Index
   dinances (demolition/stop work order), 19             recycling bins upheld in the District of Co-
   PLR 1083 (2000)                                       lumbia, 17 PLR 1101 (1998)
South Dakota Supreme Court rules city lacks           D.C. Circuit rejects takings claim by owner
   authority to deny demolition permit, 15 PLR           seeking to build townhouses on subdivided
   1021 (1996)                                           lawn of historic apartment complex, 18 PLR
Toledo, Ohio trial court upholds denial of permit        1198 (1999)
   to demolish historic house, 17 PLR 1191            D.C. court affirms denial of application for rear
   (1998)                                                rooftop addition, 16 PLR 1020 (1997)
Trial court's reversal of historic district commis-   Federal district court rejects takings claim by
   sion decision denying certificate of appropri-        owners of historic apartment building seeking
   ateness affirmed on appeal, 14 PLR 1214               to build townhouses on adjacent lawn, 17 PLR
   (1995)                                                1141 (1998)
U.S. Supreme Court resolves two religious prop-       Federal district court strikes down rule banning
   erty cases in favor of local preservation pro-        newspaper vending machines in historic dis-
   tections: First Covenant decision vacated and         trict, 13 PLR 1125 (1994)
   remanded; court denies certiorari in St. Bar-      First Circuit upholds ban on newspaper vending
   tholomew's, 10 PLR 1041 (1991)                        machines, 15 PLR 1189 (1996)
Washington Supreme Court rules application of         Fout v. Frederick Historic District Commission
   demolition delay ordinance to historic school         (inadequate administrative record, artificial
   infringes on free exercise of religion under          siding), 2 PLR 3009 (1983)
   state constitution, 16 PLR 1001 (1997)             Georgia court upholds denial of certificate of
Vincino v. Wethersfield Historic District                appropriateness, 9 PLR 1011 (1990)
   Comm’n, (commission denial of artificial sid-      Historic Easton, Inc. v. Ridgeway (preservation
   ing permission upheld in Connecticut), 4 PLR          commission’s jurisdiction over new construc-
   3008 (1985)                                           tion), 3 PLR 3007 (1984)
                                                      Marr v. Back Bay Architectural Comm’n (trial
Landscaping                                              court may not direct issuance of certificate of
Challenges to preservation commission decisions          appropriateness except in exceptional circum-
  addressed in three state court decisions (vinyl        stances), 6 PLR 3014 (1987)
  siding, new construction, landscaping), 9 PLR       Maryland county board of appeals lacks jurisdic-
  1107 (1990)                                            tion in preservation dispute over in-fill con-
                                                         struction, 18 PLR 1085 (1999)
Moves/Removals                                        Maryland trial court upholds denial of applica-
Michigan Court of Appeals upholds enforcement            tions to build on side lots of Victorian house,
   of Ypsilanti preservation ordinance against           9 PLR 1046 (1990)
   free exercise and takings claims, 17 PLR 1195      Massachusetts Supreme Judicial Court upholds
   (1998)                                                local commission denial of certificate of ap-
Minnesota court upholds denial of permit to              propriateness, 15 PLR 1206 (1996)
   exceed maximum height for new foundation           New York Landmarks Commission’s denial of
   of house moved into historic district, 7 PLR          certificate of appropriateness for school addi-
   2039 (1988)                                           tion project upheld over procedural objec-
New York affirms order compelling issuance of            tions, 22 PLR 1014 (2004)
   permit to move landmark building, 7 PLR            Salvatore v. Schenectady (New York court up-
   2040 (1988)                                           holds constitutionality of historic preservation
Several courts examine scope of preservation             provisions but requires strict adherence to
   commission’s authority under preservation or-         time limits for commission review), 7 PLR
   dinances (removal), 19 PLR 1083 (2000)                2043 (1988)
New Construction (Additions and New Struc-            Scherbel v. Salt Lake City Corp. (Utah court
tures)                                                   determines that executive rather then legisla-
Approval of Dover construction project reversed          tive body must hear appeals from planning
   on remand as inconsistent with design stan-           commission on conceptual approval of pro-
   dards, 22 PLR 1013 (2004)                             posed projects in historic district), 7 PLR
Bellevue Shopping Center Ass‘n v. Chase                  2045 (1988)
   (Rhode Island court invalidates Newport Zon-       Several courts examine scope of preservation
   ing Board of Review decision denying certifi-         commission’s authority under preservation or-
   cate of approval), 8 PLR 3071 (1989)                  dinances (interior signs), 19 PLR 1083 (2000)
Challenges to preservation commission decisions       Sleeper v. Old King’s Highway Regional His-
   addressed in three state court decisions (vinyl       toric District Comm’n (preservation ordi-
   siding, new construction, landscaping), 9 PLR         nance), 1 PLR 3031 (1982)
   1107 (1990)                                        South Carolina court affirms denial of certificate
Denial of application to install dumpster and            for chain link fence in Beaufort historic dis-

Master Index                   Preservation Law Reporter                                  22 PLR 2045
   trict, 14 PLR 1054 (1995)                         Illinois Appellate Court upholds denial of demo-
Tilley v. Thompson (Arkansas trial court over-           lition permit in economic hardship case, 17
   turns preservation commission decision deny-          PLR 1095(1998)
   ing permit to apply vinyl siding to residence     Indiana trial court reverses decision denying
   within historic district), 3 PLR 3042 (1984)          permission to demolish historic landmark, 11
Two recent decisions show difficulty of winning         PLR 1139 (1992)
   1983 due process challenges of local preserva-    Lafayette Park Baptist Church v. Board of Ad-
   tion and zoning actions, 12 PLR 1134 (1993)           justment (constitutional challenge to preserva-
U.S. District Court denies motion to dismiss due         tion ordinance/economic hardship), 2 PLR
   process claim against historic preservation           3005 (1983)
   commission and village board, 6 PLR 3048          New Jersey attorney general determines city
   (1987)                                                lacks enabling authority to establish economic
V.H.S. Realty, Inc. v. Hyde (Massachusetts court         hardship variance procedure, 16 PLR 1121
   holds that preservation commission must file          (1997)
   decision with town clerk for determination on     Ohio appeals court rules church established
   application to be complete), 4 PLR 3010               “economic hardship” under Toledo preserva-
   (1985)                                                tion ordinance, 18 PLR 1075 (1999)
Virginia chain link fence case settled, 4 PLR        Ohio appeals court rules City of Dayton improp-
   1033 (1985)                                           erly denied demolition request, 12 PLR 1065
                                                         (1993)
Parking Lots                                         1025 Fifth Avenue, Inc. v. Marymount School of
Connecticut trial court reverses permit denial for       New York (hardship approval allowing build-
   parking lot in historic district, 10 PLR 1102         ing alteration), 3 PLR 3014 (1984)
   (1991)                                            Pennsylvania Supreme Court reverses Weinberg,
Ithaca commission’s denial of Cornell Univer-            rejecting takings claim, 15 PLR 1086 (1996)
   sity’s parking lot request reversed, 22 PLR       The Committee to Save Mount Neboh v. New
   1014 (2004)                                           York City Landmarks Preservation Commis-
Second Baptist Church v. Little Rock Historic            sion (New York trial courts uphold approval
   District Comm’n (Arkansas Supreme Court               by Landmarks Preservation Commission of
   upholds historic district commission’s denial         demolition permit for designated landmark), 2
   of parking lot application), 6 PLR 3006               PLR 3077 (1983)
   (1987)                                            Toledo, Ohio trial court upholds denial of permit
                                                         to demolish historic house, 17 PLR 1191
DESIGNATIONS (See HISTORIC                               (1998)
DESIGNATIONS)
                                                     EMINENT DOMAIN
ECONOMIC HARDSHIP (See also                          Eminent domain clause in local preservation
CERTIFICATES OF APPROPRIATENSS                         ordinance at issue, 1 PLR 1021 (1982)
(Demolition))
Appeals court rules owners of Pittsburgh land-       HISTORIC DESIGNATIONS
  mark met burden of proof in establishing eco-      ARTICLE: Paul W. Edmondson, “Designation
  nomic hardship, 13 PLR 1197 (1994)                   of Historic Properties: Determining Whether
ARTICLE: Julia H. Miller, “Providing for Eco-          Procedural Due Process Standards Are Appli-
  nomic Hardship Relief in the Regulation of           cable,” 4 PLR 2036 (1985)
  Historic Properties,” 15 PLR 1129 (1996)           Broad-based challenge to Miami Ordinance
Broadview Apartments Co. v. Comm’n for His-            dismissed; Designation of Bayside Historic
  torical and Architectural Preservation (demoli-      District upheld, 12 PLR 1172 (1993)
  tion permit denial) 1 PLR 3058 (1982)              Church of St. Paul & St. Andrew v. Barwick
D.C. Court of Appeals upholds city's denial of         (trial court refuses to permit church to press
  permit to demolish contributing structure in         hardship attack on landmarking of religious
  historic district, 14 PLR 1197 (1995)                property before pursuing available administra-
D.C. court rules agency may not consider eco-          tive remedies), 3 PLR 3052 (1984)
  nomic hardship in acting on application for        Colorado Appeals Court Invalidates Boulder
  new construction on landmark site, 16 PLR            ordinance on procedural grounds, 22 PLR
  1128 (1997)                                          1012 (2004)
Federal district court upholds denial of permit to   Connecticut Supreme Court upholds Greenwich
  demolish Chicago landmarks in broad-based            zoning commission’s denial of application for
  lawsuit, 14 PLR 1087 (1995)                          historic overlay, 20 PLR 1202 (2001)
 LAW SUMMARY: Assessing Economic Claims              Designation of Alamo Placita Historic District
  under Historic Preservation Ordinances, 18           upheld on appeal, 1185 (2002-3)
  PLR 1069 (1999)                                    Designation of Broadway theaters affirmed on

22 PLR 2046                   Preservation Law Reporter                                  Master Index
   appeal, 10 PLR 1077 (1991)                             historic resources as "administrative", decision
Designation of Miami's Parrot Jungle upheld               subject to review under "arbitrary and capri-
   against due process claim, 14 PLR 1081                 cious" standard, 11 PLR 1096 (1992)
   (1995)                                              New York courts invalidate historic designations
Designation of New York's Broadway theatres               for “insufficient findings,” 22 PLR 1012
   upheld against major constitutional challenge,         (2004)
   9 PLR 1006 (1990)                                   Omabuild N.V. v. Board of Estimate of City of
DGM Partners-Rye v. Board of Architectural                New York (designation upheld), 3 PLR 3005
   Review (New York courts uphold historic                (1984)
   designation and demolition denial for Alan-         Pennsylvania Supreme Court reverses itself in
   sten, Jay Family Estate, in Rye, New York), 8          United Artists; Rules Philadelphia preserva-
   PLR 3060 (1989)                                        tion ordinance is constitutional (but voids in-
D.C. Court of Appeals upholds decision to in-             terior designation of Boyd Theater), 12 PLR
   clude church-owned property in historic dis-           1165 (1993)
   trict, 17 PLR 1153 (1998)                           Procedural challenge to Nashville design guide-
Donnelly Associates v. District of Columbia               lines rejected due to passage of time; Boulder
   Historic Preservation Review Board (court              ordinances allowing special agreements for
   declines to impose full evidentiary hearing re-        university’s historic property invalidated on
   quirements on historic designation procedure           due process grounds, 22 PLR 1009 (2004)
   in absence of specific statutory requirement),      Several courts examine scope of preservation
   5 PLR 3055 (1986)                                      commission’s authority under preservation or-
Federal district court allows equal protection            dinances (designation/state enabling act), 19
   claim to go forward in Northwestern Univer-            PLR 1083 (2000)
   sity lawsuit against Evanston, Illinois, 21 PLR     State and federal courts address wide range of
   1130 (2002-3)                                          preservation issues (designations), 20 PLR
Federal district court dismisses constitutional           1101 (2001)
   challenge to Castine, Maine preservation or-        State and federal courts address wide range of
   dinance, 20 PLR 1175 (2001)                            preservation issues (mural designation), 20
Florida appeals court rejects facial challenge to         PLR 1110 (2001)
   designation of historic district in Miami, 13       Tierney v. Norwalk Planning and Zoning Comm’
   PLR 1179 (1994)                                        n (historic district invalidated), 3 PLR 3016
Florida court rules preservation commission               (1984)
   violated property owner's due process rights,       Two other courts reject procedural challenges, 22
   12 PLR 1092 (1993)                                     PLR 1013 (2004)
Harris Trust & Savings Bank v. Duggan (desig-          U.S. District Court denies motion to dismiss due
   nation unconstitutional), 1 PLR 3079 (1982)            process claim against historic preservation
Historic district zoning challenged in New York           commission and village board, 6 PLR 3048
   State (John Jay home), 3 PLR 1008 (1984)               (1987)
Michigan court finds facial challenge to constitu-     U.S. Supreme Court denies review of unsuccess-
   tionality of historic district challenge ripe for      ful takings challenge to landmarking of 22
   review, 22 PLR 1010 (2004)                             Broadway theaters, high court declines invita-
Michigan Court of Appeals strikes down Ann                tion to overturn Penn Central, 11 PLR 1071
   Arbor ordinance designating 120 non-                   (1992)
   contiguous properties as a single district, 20      Washington Court of Appeals rules church may
   PLR 1199 (2001)                                        disregard Seattle preservation ordinance, 14
Minnesota Court of Appeals declares historic              PLR 1001 (1995)
   landmark designations are quasi-legislative,        Washington Supreme Court finds Seattle historic
   18 PLR 1229 (1999)                                     preservation ordinance impinges on church's
Minnesota Court of Appeals upholds historic               free exercise of religion, 9 PLR 1039 (1990)
   designation of Handicraft Guild Building, 19        Washington Supreme Court rules landmark
   PLR 1213 (2000)                                        nomination of Seattle church violates Free
Minnesota Supreme Court reverses lower court              Exercise Clause of Religion, 15 PLR 1079
   in Billy Graham case, 21 PLR 1211 (2002-3)             (1996)
New Hampshire court upholds boundary change            Washington Supreme Court rules that Seattle's
   to historic district, 10 PLR 1059 (1991)               landmarks ordinance violates Church's free
New York appellate court reverses lower court,            exercise rights, 11 PLR 1175 (1992)
   upholds Buffalo Common Council designa-             Weinberg v. Barry (court upholds temporary
   tion of former rectory, 15 PLR 1015 (1996)             protection for building being considered for
New York cases address validity of landmark               landmark status, but invalidates District of
   designations, 10 PLR 1149 (1991)                       Columbia designation because of delays), 4
New York court characterizes designation of               PLR 3017 (1985)

Master Index                    Preservation Law Reporter                                  22 PLR 2047
                                                           exercise clause, 9 PLR 1151 (1990)
De-Designations/Removals                                New York court affirms interior designation of
California appeals court says ballot initiative on         Four Seasons Restaurant, 11 PLR 1115 (1992)
  de-designation of historic properties is subject      New York's highest court upholds interior desig-
  to CEQA, 18 PLR 1217 (1999)                              nation of Four Seasons Restaurant, 12 PLR
Connecticut trial court finds historic districts           1145 (1993)
  may not be repealed by referendum, 18 PLR             Pasadena enacts emergency ordinance to protect
  1225 (1999)                                              architectural fixtures, 4 PLR 1066 (1985)
Landmarks Preservation Council of Illinois v.           Pennsylvania Supreme Court reverses itself in
  City of Chicago (Chicago city council not re-            United Artists; Rules Philadelphia preserva-
  quired to follow landmarks ordinance in de-              tion ordinance is constitutional (but voids in-
  certifying designated landmark; local organi-            terior designation of Boyd Theater), 12 PLR
  zations lack standing to sue), 7 PLR 2053                1165 (1993)
  (1988)                                                Sameric Corp. v. City of Philadelphia (Pennsyl-
PRESERVATION LAW SUMMARY: De-                              vania court upholds designation of interior of
  designation of Historic Resources Under Lo-              Philadelphia art deco theatre), 8 PLR 3068
  cal Ordinances (California, Connecticut, and             (1989)
  Oregon) 20 PLR 1073 (2001)                            Society of Jesus v. Boston Landmarks Comm’n
Recent decisions governing the removal of prop-            (Massachusetts trial court holds interior land-
  erties from local historic registers, 20 PLR             mark designation of church violates Jesuits'
  1080 (2001)                                              first amendment rights), 8 PLR 3007 (1989)
                                                        Third Circuit affirms dismissal of Section 1983
Exemptions (See also Owner Consent)                        lawsuit against Philadelphia in Boyd Theater
California Court of Appeals upholds exemption              case, 17 PLR 1014 (1998)
  from preservation laws for religious purposes,        Trial court upholds interior designation of Four
  18 PLR 1029 (1999)                                       Seasons Restaurant by New York City preser-
California enacts moratorium on religious prop-            vation commission, 9 PLR 1117 (1990)
  erty designations, 12 PLR 1131 (1993)                 U.S. Supreme Court denies review of unsuccess-
California exempts religious property owners               ful takings challenge to landmarking of 22
  from local preservation laws, 13 PLR 1176                Broadway theaters, high court declines invita-
  (1994)                                                   tion to overturn Penn Central, 11 PLR 1071
D.C. Court of Appeals upholds decision to in-              (1992)
  clude church-owned property in historic dis-          Weinberg v. Barry (court upholds temporary
  trict, 17 PLR 1153 (1998)                                protection for building being considered for
Landmark churches raise constitutional issues              landmark status, but invalidates District of
  (exemption sought), 2 PLR 1061 (1983)                    Columbia designation because of delays), 4
Maryland Attorney General advises religious                PLR 3017 (1985)
  property not exempt from historic preservation
  regulations, 13 PLR 1146 (1994)                       Owner Consent
Procedural challenge to Nashville design guide-         Amendment prohibiting designation of religious
  lines rejected due to passage of time; Boulder          properties without consent proposed in Penn-
  ordinances allowing special agreements for              sylvania, 8 PLR 1028 (1989)
  university’s historic property invalidated on         ARTICLE: Julia H. Miller, “Owner consent
  due process grounds, 22 PLR 1009 (2004)                 provisions in historic preservation ordinances:
U.S. District Court dismisses lawsuit challenging          Are they legal?”, 10 PLR 1019 (1991)
  church consent provision in Chicago preserva-         Montana reduces owner-consent provisions for
  tion ordinance on standing grounds, 9 PLR               district designations and enacts other preser-
  1121 (1990)                                             vation legislation, 2 PLR 1027 (1983)
                                                        Oregon governor vetoes owner consent legisla-
Interior Designations                                     tion, 12 PLR 1129 (1993)
Designation of Broadway theaters affirmed on            Oregon legislature adopts owner consent re-
   appeal, 10 PLR 1077 (1991)                             quirement for designation, 14 PLR 1227
Designation of New York's Broadway theatres               (1995)
   upheld against major constitutional challenge,       Owner consent provision in local preservation
   9 PLR 1006 (1990)                                      ordinance found to violate Oregon state plan-
Interiors designated as landmarks, 1 PLR 1027             ning law, 9 PLR 1001 (1990)
   (1982)                                               South Dakota Supreme Court strikes down stat-
Interior landmark designations in New York                ute allowing neighboring property owners to
   City, 1 PLR 1033 (1982)                                block rezoning, 16 PLR 1186 (1997)
Massachusetts high court finds designation of           U.S. district court dismisses lawsuit challenging
   church interior violates state constitution's free     church consent provision in Chicago preserva-

22 PLR 2048                     Preservation Law Reporter                                   Master Index
  tion ordinance on standing grounds, 9 PLR           D.C. appeals court upholds denial of request to
  1121 (1990)                                            demolish fire-damaged historic landmark, 21
                                                         PLR 1146 (2002-3)
HISTORIC DISTRICTS (See HISTORIC                      D.C. Court reverses approval of demolition of
DESIGNATIONS)                                            historic landmark as unauthorized under pres-
                                                         ervation act, 13 PLR 1152 (1994)
HISTORIC LANDMARKS (See HISTORIC                      Eleventh Circuit holds that city did not rescind
DESIGNATIONS)                                            its building demolition order when it permit-
                                                         ted attempts to preserve historic facade, 6 PLR
INTERIM PROTECTION AND EMERGENCY                         3048 (1987)
ORDINANCES                                            New York appellate court rules county cannot
Denial of permit to demolish nineteenth century          “unilaterally” authorize emergency demolition
  sea captain's house upheld by Rhode Island             of historic building, 20 PLR 1155 (2001)
  supreme court, 9PLR 1088 (1990)                     New York appellate court upholds Albany build-
Pasadena enacts emergency ordinance to protect           ing commissioner's order to demolish historic
  architectural fixtures, 4 PLR 1066 (1985)              buildings on public safety grounds, 14 PLR
Southland Corp. v. City of Boston (Massachu-             1112 (1995)
  setts trial court holds that 90-day interim pro-    Wolk v. Reisem (imminent safety hazards) 1
  tection period does not apply to pending archi-        PLR 3064 (1982)
  tectural conservation districts), 4 PLR 3041
  (1985)                                              SIGN REGULATION (See also LAND USE
Tennessee Supreme Court voids emergency               REGULATION)
  demolition ordinance, 22 PLR 1011 (2004)            Eleventh circuit upholds sign ordinance in his-
Virginia Supreme Court rules ordinance not               toric district, 12 PLR 1007 (1993)
  applicable to a property prior to its formal cer-   Several courts examine scope of preservation
  tification as historic, 11 PLR 1135 (1992)             commission’s authority under preservation or-
Weinberg v. Barry (court upholds temporary               dinances, 19 PLR 1083 (2000)
  protection for building being considered for
  landmark status, but invalidates District of        SPECIAL MERIT/PUBLIC INTEREST
  Columbia designation because of delays), 4          EXCEPTION (See also CERTIFICATES OF
  PLR 3017 (1985)                                     APPROPRIATENESS)
                                                      Citizens Committee to Save Historic Rhodes
MAINTENANCE (See AFFFIRMATIVE                            Tavern v. Dept. of Housing & Community
MAINTENANCE AND DEMOLITION BY                            Dev. (permit denial), 1 PLR 3023 (1982)
NEGLECT)                                              Don’t Tear it Down, Inc. v. Dept. of Housing &
                                                         Community Dev., (demolition permit/special
MORATORIA (See INTERIM PROTECTION                        merit) 1 PLR 3040 (1982)
and LAND USE REGULATION (MORATORI-                    D.C. Court of Appeals upholds city's denial of
A))                                                      permit to demolish contributing structure in
                                                         historic district, 14 PLR 1197 (1995)
OWNER CONSENT (See HISTORIC                           Loophole in D.C. preservation ordinance closed,
DESIGNATIONS (Owner Consent))                            9 PLR 1053 (1990)
                                                      Philadelphia judge overturns historical commis-
PERFORMANCE GUARANTEES                                   sion’s use of public interest exception for
New York appeals court upholds conditioning              demolition of historic properties for retail
  issuance of demolition permit on approval of           complex, 22 PLR 1015 (2004)
  new construction plans, 9 PLR 1094 (1990)
The use of performance bonds or other guaran-         SUBDIVISIONS/SITE PLAN APPROVALS
  tees in historic preservation ordinances to pre-    (See also LAND USE REGULATION)
  vent surface parking lots or undeveloped par-       Acheson v. Sheaffer (D.C. court rules that the
  cels following authorized demolition, 21 PLR           division and subsequent combination of prop-
  1157 (2002-3)                                          erty to create new lots of record does not con-
                                                         stitute a subdivision under the Historic Land-
PUBLIC SAFETY EXCEPTIONS (See also                       marks Act), 6 PLR 3008 (1987)
AFFIRMATIVE MAINTENANCE and
CERTIFICATES OF APPROPRIATNESS                        HISTORIC PRESERVATION
(Demolitions))                                        ORDINANCES, ENFORCEMENT OF
City of Aurora not required to obtain certificate     ARTICLE: Richard B. Nettler, “Injunctions and
   of appropriateness before demolishing historic        Historic Preservation: An Overview,” 2 PLR
   building on public safety grounds, 15 PLR             2041 (1983)
   1044 (1996)                                        City of Chicago v. Roppolo (constructive trust

Master Index                   Preservation Law Reporter                                  22 PLR 2049
   imposed against building owner for illegal        New York appeals court strikes down city law
   demolition), 3 PLR 3044 (1984)                       limiting use in Schenectady historic district to
City of Santa Fe v. Armijo (enforceability of           single-family homes, 16 PLR 1087 (1997)
   local ordinance against state), 1 PLR 3061        State and federal courts address wide range of
   (1982)                                               preservation issues (Florida), 20 PLR 1091
Indiana ex rel. Historic Landmarks Foundaton of         (2001)
   Indiana, Inc. v. White River Dev. Comm’n
   (Indiana court requires state commission to       HISTORIC SHIPWRECKS (See
   reconstruct demolished historic school), 5        ABANDONED SHIPWRECK ACT;
   PLR 3005 (1986)                                   MARTIME/ADMIRALTY LAW and
Kennedy v. Planning Bd. of Tarrytown (New            SUBMERGED LANDS ACT)
   York trial court requires owner of historic
   building to remove incompatible addition), 8      HOUSING (See also DEPARTMENT OF
   PLR 3063 (1989)                                   HOUSING AND URBAN DEVELOPMENT,
Marr v. Back Bay Architectural Comm’n (trial         U.S.; GRANTS; REAL ESTATE
   court may not direct issuance of certificate of   DEVELOPMENT; TAXATION, FEDERAL;
   appropriateness except in exceptional circum-     TAX LEGISLATION, FEDERAL and
   stances), 6 PLR 3014 (1987)                       URBAN DEVELOPMENT)
Maryland court rules that subsequent purchaser       Deduction of losses allowed for low-income
   of house in historic district is not subject to      housing rehabilitation project, 5 PLR 1013
   criminal sanctions under city code, 10 PLR           (1986)
   1068 (1991)                                       Home equity provides source of new financing
Michigan Court of Appeals upholds enforcement           for housing rehabilitation by the elderly, 3
   of Ypsilanti preservation ordinance against          PLR 1020 (1984)
   free exercise and takings claims, 17 PLR 1195     Housing and community development legisla-
   (1998)                                               tion, 8 PLR 1005 (1989)
Ohio court upholds conviction for violation of       Housing preservation grant rules proposed, 4
   Toledo's historic preservation ordinance, 12         PLR 1101 (1985)
   PLR 1028 (1993)                                   Improved Dwelling Co. v. Flannery (civil court
Procedural challenge to Nashville design guide-         requires tenants to allow landlord access to in-
   lines rejected due to passage of time; Boulder       stall new windows in premises designated as
   ordinances allowing special agreements for           landmark and subject to affirmative mainte-
   university’s historic property invalidated on        nance requirement), 6 PLR 3044 (1987)
   due process grounds, 22 PLR 1009 (2004)           Massachusetts high court rules comprehensive
Proskin v. Donovan (New York court affirms              “fast track” permitting scheme for affordable
   order to remove granite facade on historically       housing applies to historic review board ac-
   significant house), 8 PLR 3059 (1989)                tions, 22 PLR 1017 (2004)
Raleigh v. College Campus Apts. (action seeking      NPS and National Trust issue new guidance on
   restoration of original siding on house in his-      historic preservation and affordable housing,
   toric district dismissed on procedural               14 PLR 1062 (1995)
   grounds), 8 PLR 3065 (1989)                       San Telmo Assoc. v. City of Seattle (housing
Several courts examine scope of preservation            conversion tax held unconstitutional), 6 PLR
   commission’s authority under preservation or-        3012 (1987)
   dinances (certificate of appropriate-             Seawall Assocs. v. City of New York (New York
   ness/conviction reversed), 19 PLR 1083               court finds single room occupancy housing
   (2000)                                               law an unconstitutional "taking"), 8 PLR 3018
Several courts examine scope of preservation            (1989)
   commission’s authority under preservation or-     Subsidized Housing Handbook published by
   dinances (demolition/stop work order), 19            National Housing Law Project, 4 PLR 1087
   PLR 1083 (2000)                                      (1985)
                                                     Town of Chesterfield v. Brooks (state court
HISTORIC REGISTERS (See NATIONAL                        invalidates local ordinance restricting place-
REGISTER OF HISTORIC PLACES and                         ment of manufactured housing and suggests
STATE HISTORIC PRESERVATION ACTS)                       that community protect its character through
                                                        creation of local historic district), 4 PLR 3024
HISTORIC REHABILITATIONS (See                           (1984)
GRANT PROGRAMS; REAL ESTATE                          Trial court upholds denial of application to con-
DEVELOPMENT; REHABILITATION                             struct senior citizen housing near Stratford,
PROJECTS and TAXATION, FEDERAL)                         Connecticut historic district, 17 PLR 1041
                                                        (1999)
HISTORIC SCHOOLS                                     Vermont housing and conservation trust fund, 6

22 PLR 2050                   Preservation Law Reporter                                  Master Index
  PLR 1026 (1987)                                     Foster & Kleiser v. City of Chicago (Illinois
                                                          appeals court upholds revocation of permit for
                          I                               erection of signs adjacent to historic land-
                                                          marks), 5 PLR 3059 (1986)
IDAHO                                                 Harris Trust & Savings Bank v. Duggan (inter-
Idaho Supreme Court upholds downzoning of                 vention in Kellogg Mansion litigation denied),
   property to help preserve city's "aesthetic val-       2 PLR 3042 (1983)
   ues" and "economic vitality of downtown            Historic preservation reviews may delay release
   business core", 15 PLR 1027 (1996)                     of Community Development Block Grant
Preservation Coalition v. Pierce (NEPA and                funds, 2 PLR 1007 (1983)
   NHPA), 1 PLR 3044, 3055 (1982)                     Illinois adopts "little section 106" provision, 8
Three courts address procedural due process               PLR 1023 (1989)
   claims in the context of preservation laws, 19     Illinois and Michigan Canal National Heritage
   PLR 1055 (2000)                                        Corridor established, 4 PLR 1002 (1985)
Three more states adopt RFRAs, 19 PLR 1123            Illinois Appellate Court upholds denial of demo-
   (2000)                                                 lition permit in economic hardship case, 17
                                                          PLR 1095 (1998)
ILLINOIS                                              Illinois authorizes property tax freeze to encour-
Alabama and Illinois prohibit burdening the free          age rehabilitation of owner-occupied residen-
   exercise of religion, 17 PLR 1241 (1998)               tial property in historic districts, 1 PLR 1061
ARTICLE: Richard J. Roddewig and Jerry I.                 (1982)
   Wishnoff, “Landmark Preservation: The New          Illinois preservation laws to be compiled, 1 PLR
   Chicago Ordinance,” 6 PLR 2017 (1987)                  1014 (1982)
ARTICLE: Steven J. Zick, “Politics and the            Illinois Supreme Court rejects state’s claim to
   Landmark Ordinance in Chicago: A Continu-              The Lady Elgin, 18 PLR 1101 (1999)
   ing Threat to Preservation,“ 4 PLR 2022            Internal Revenue Service Procedures, 2 PLR
   (1985)                                                 2068 (1983)
Chicago Theater demolition averted by complex         Landmarks Preservation Council of Illinois v.
   financing scheme, 4 PLR 1012 (1985)                    City of Chicago (Chicago city council not re-
Chicago Theater demolition averted by purchase,           quired to follow landmarks ordinance in de-
   3 PLR 1067 (1984)                                      certifying designated landmark; local organi-
Chicago Theater settlement jeopardized, 4 PLR             zations lack standing to sue, 7 PLR 2053
   1049 (1985)                                            (1988)
Chicago Theater settlement saved by 11th-hour         New state legislation for local preservation
   approval of UDAG grant, 4 PLR 1063 (1985)              commissions introduced, 3 PLR 1039 (1984)
City of Chicago v. Roppolo (constructive trust        On remand, district court finds Abandoned
   imposed against building owner for illegal             Shipwreck Act, constitutional, 12 PLR 1001
   demolition), 3 PLR 3044 (1984)                         (1993)
City of Villa Grove v. Missouri Pacific Railroad      Publications on easements and zoning available
   (illegal demolition), 1 PLR 3013 (1982)                from Landmarks Preservation Council of Illi-
Eagle Foundation, Inc. v. Dole (Seventh circuit           nois, 4 PLR 1053 (1985)
   rules that proposed Illinois highway project       Religious protection laws considered on Capitol
   complies with Section 4(f) after original plans        Hill and by several state legislatures, 17 PLR
   modified), 5 PLR 3047 (1986)                           1124 (1998)
Economic benefits of historic preservation, 11        Riverside, Illinois adopts new preservation ordi-
   PLR 1043 (1992)                                        nance, 11 PLR 1038 (1992)
Harris Trust & Savings Bank v. Duggan (down-          Section 4(f) appeal dismissed as moot by Sev-
   zoning and designation) 1 PLR 3079 (1982)              enth Circuit, 4 PLR 1082 (1985)
Federal court denies TRO to stop redevelopment        Seventh Circuit affirms demolition permit denial
   of Chicago’s Maxwell Street, 19 PLR 1184               in International College of Surgeons, 17 PLR
   (2000)                                                 1133 (1998)
Federal district court allows equal protection        Seventh Circuit affirms district court ruling on
   claim to go forward in Northwestern Univer-            equal protection claim in case challenging de-
   sity lawsuit against Evanston, Illinois, 21 PLR        nial of vinyl siding request, 21 PLR 1124
   1130 (2002-3)                                          (2002-3)
Federal district court upholds Chicago's preser-      Seventh Circuit remands shipwreck case for
   vation ordinance against constitutional chal-          finding on constitutionality of Abandoned
   lenge, 11 PLR 1006 (1992)                              Shipwreck Act, 10 PLR 1155 (1991)
Federal district court upholds denial of permit to    Seventh Circuit rules judgment against state is
   demolish Chicago landmarks in broad-based              barred by eleventh amendment in Shipwreck
   lawsuit, 14 PLR 1087 (1995)                            proceeding, 11 PLR 1109 (1992)

Master Index                   Preservation Law Reporter                                  22 PLR 2051
Seventh Circuit ruling in Chicago landmarks             reconstruct demolished historic school), 5
   case limits right of local governments to re-        PLR 3005 (1986)
   move preservation challenges to federal court,    Indiana Supreme Court rules state archaeological
   16 PLR 1015 (1997)                                   statute applies to private property, 13 PLR
Seventh Circuit upholds constitutionality of            1076 (1994)
   Abandoned Shipwreck Act, 13 PLR 1081              Indiana trial court reverses decision denying
   (1994)                                               permission to demolish historic landmark, 11
State and federal courts address wide range of          PLR 1139 (1992)
   preservation issues (preservation ordinances,     PRESERVATION LAW SUMMARY: Meridian
   constitutional challenges), 20 PLR 1095, 1098        Street Preservation Statute, 20 PLR 1150
   (2001)                                               (2001)
States considering new enabling legislation for      Preservation-related legislation adopted in four
   local preservation commissions (Illinois coun-       states, 11 PLR 1121 (1992)
   ties), 4 PLR 1034 (1985)                          Seventh Circuit rejects vagueness challenge in
Takings challenges rejected in New York and             alteration dispute, 20 PLR 1145 (2001)
   Illinois, 22 PLR 1008 (2004)                      States adopt new measures to preserve historic
U.S. District Court denies motion to dismiss due        buildings (tax incentives), 20 PLR 1214
   process claim against historic preservation          (2001)
   commission and village board, 6 PLR 3048
   (1987)
U.S. District Court dismisses lawsuit challenging
   church consent provision in Chicago preserva-     INJUNCTIONS
   tion ordinance on standing grounds, 9 PLR         (See COURTS AND PROCEDURE)
   1121 (1990)
U.S. Supreme Court reverses Seventh Circuit in       INSURANCE
   International College of Surgeons, 16 PLR         Investment tax credit recapture insurance pro-
   1169 (1997)                                          tects against loss of tax credit through fire or
Wade v. Lewis (Section 4(f)), 3 PLR 3028                other casualty, 3 PLR 1032 (1984)
   (1984)
Wicker Park Historic District Preservation Fund      INTERGOVERNMENTAL CONFLICTS
   v. Pierce (NEPA and NHPA), 2 PLR 3044             (See HISTORIC PRESERVATION
   (1983)                                            ORDINANCES, CHALLENGES TO)

INDIANA                                              INTERMODAL SURFACE
Conviction for unlawful looting upheld; Seventh      TRANSPORTATION EFFICIENCY ACT
   Circuit rules that ARPA criminal sanctions        OF 1991 (ISTEA)
   apply to archaeological resources stolen from     Constance E. Beaumont, "New Federal Legisla-
   private property, 12 PLR 1119 (1993)                tion Will Affect Preservation," 10 PLR 1189
Denial of permission to install vinyl siding on        (1991)
   historic house in Fort Wayne upheld by Indi-
   ana appellate court, 10 PLR 1053 (1991)           INTERNAL REVENUE SERVICE (See
Dept. of Natural Resources v. Indian Coal Coun-      DEPARTMENT OF TREASURY, U.S.)
   cil, Inc. (Indiana Supreme Court holds desig-
   nation of archaeological site as unsuitable for   INTERNATIONAL HISTORIC
   coal mining is not a "taking"), 8 PLR 3014        RESOURCES
   (1989)                                            New publication on preservation in foreign coun-
Facade grant program in Fort Wayne encourages          tries, 2 PLR 1047 (1983)
   downtown revitalization, 4 PLR 1016 (1985)        U.S. cultural properties proposed for World
Federal judge enjoins state and local officials        Heritage List, 2 PLR 1022 (1983)
   from receiving federal funds for Indiana          US/ICOMOS receives increased appropriation, 4
   highway project, 22 PLR 1020 (2004)                 PLR 1022 (1985)
Indiana and New Jersey release new studies
   addressing economic impact of historic pres-      INTERSTATE COMMERCE
   ervation, 16 PLR 1226 (1997)                      COMMISSION
Indiana archaeological statute held applicable to    Connecticut Trust for Historic Preservation v.
   private property, 12 PLR 1159 (1993)                Interstate Commerce Comm’n (Second circuit
Indiana enacts new preservation laws, 16 PLR           upholds ICC’s decision to allow abandonment
   1106 (1997)                                         of the Historic Farmington Canal Branch of
Indiana ex rel. Historic Landmarks Foundation          the Boston & Maine Railroad), 7 PLR 2017
   of Indiana, Inc. v. White River Dev. Comm’n         (1988)
   (Indiana court requires state commission to

22 PLR 2052                   Preservation Law Reporter                                  Master Index
Friends of Sierra Railroad, Inc. v. I.C.C. (Ninth
    circuit holds it lacks jurisdiction to review        KANSAS
    ICC's failure to consider effect of actions on       Allen Realty .v City of Lawrence (Kansas court
    historic railroad line), 8 PLR 3036 (1989)              upholds city's denial of permit to demolish
Illinois Commerce Comm’n v. Interstate Com-                 church located in "environs" of national regis-
    merce Comm’n (D.C. circuit upholds Inter-               ter property), 8 PLR 3075 (1989)
    state Commerce Commission's regulations es-          Amendments of Kansas municipal zoning ordi-
    tablishing class exemption for abandonment              nances require review by State Historic Pres-
    of rail lines), 7 PLR 2012 (1988)                       ervation Officer, 6 PLR 1024 (1987)
Medina Committee v. Interstate Commerce                  Citizen taxpayer lacks standing to challenge tree
    Comm. (historic district traffic), 1 PLR 3026           removal on courthouse grounds, 7 PLR 2058
    (1982)                                                  (1988)
New Mexico Navajo Ranchers Ass’n v. Interstate           Constitutional validity of Kansas historic preser-
    Commerce Comm’n (D.C. circuit finds Inter-              vation law affirmed; case remanded twice for
    state Commerce Commission's decision to                 new hearing, 9 PLR 1144 (1990)
    permit construction of railroad in Navajo            Kansas court of appeals denies owner injunctive
    lands is consistent with Section 106), 7 PLR            relief in condemnation action for 100 year old
    2015 (1988)                                             building, 7 PLR 2012 (1988)
Preseault v. Interstate Commerce Commission              Kansas enacts historic preservation related legis-
    (Federal "railbanking" law does not effect tak-         lation, 8 PLR 1024 (1989)
    ing of reversionary interest in rail corridors), 7   Kansas Supreme Court weakens state historic
    PLR 2004 (1988)                                         preservation act; upholds decision allowing
                                                            construction of convenience store adjacent to
INTERSTATE COMMERCE                                         historic house, 17 PLR 1048 (1998)
COMMISSION TERMINATION ACT                               Kansas tightens acquisition of historic properties,
State and federal courts address wide range of              3 PLR 1010 (1984)
   preservation issues (Minnesota), 20 PLR 1101          Kansas trial court upholds decision to demolish
   (2001)                                                   historic hotel under Kansas preservation stat-
                                                            ute, 18 PLR 1149 (1999)
INVERSE CONDEMNATION (See                                States adopt new measures to preserve historic
TAKINGS, REGULATORY)                                        buildings (tax incentives), 20 PLR 1214
                                                            (2001)
IOWA                                                     States find new money to fund preservation
Eighth Circuit upholds Sioux City zoning ordi-              projects and programs, 9 PLR 1141 (1990)
  nance challenged on the basis of antitrust,            Tenth Circuit upholds denial of request to rezone
  substantive and procedural due process, and               property for suburban shopping mall, 10 PLR
  taking claims, 5 PLR 3014 (1986)                          1146 (1991)
Georgia, Iowa and Wisconsin act on building
  codes, 3 PLR 1037 (1984)                               KENTUCKY
Goodwin v. Iowa State Highway Comm’n (land-              ARTICLE: Elizabeth F. Jones, “State Legislative
  owners allowed to recover litigation expenses             Initiatives: Kentucky,” 1 PLR 2074 (1982)
  of successful federal court challenge to high-         Challenges to preservation commission decisions
  way, which resulted in abandonment of emi-                addressed in three state court decisions (Blan-
  nent domain proceedings), 5 PLR 3026 (1986)               ford v. Bardstown Bd. of Adj.), 9 PLR 1107
Historic preservation legislation enacted in sev-           (1990)
  eral states, 19 PLR 1232 (2000)                        District court rules Army Corps of Engineers
Iowa adopts main street linked investment loan              satisfied National Historic Preservation Act,
  program, 8 PLR 1023 (1989)                                11 PLR 1124 (1992)
Iowa Supreme Court rejects takings challenge to          Louisville tax moratorium encourages rehabilita-
  state law prohibiting destruction of ancient              tion, 4 PLR 1016 (1985)
  burial mounds, 13 PLR 1141 (1994)                      National Trust for Historic Preservation v. U.S.
Osborn v. City of Cedar Rapids (extended con-               Army Corps of Engineers (§ 106), 1 PLR
  demnation proceedings held a taking), 2 PLR               3001 (1983)
  3062 (1983)                                            Neighborhood Dev. Corp. v. Advisory Council
                                                            on Historic Preservation, 1 PLR 2008 (1982)
                          J                              New state legislation for local preservation com-
                                                            missions, 3 PLR 1039 (1984)
JURISDICTION (See COURTS AND                             Standing of building users to challenge proposed
PROCEDURE)                                                  demolition, 1 PLR 3008 (1982)
                                                         University of Kentucky Law Journal publishes
                         K                                  articles on land use and preservation, 17 PLR

Master Index                     Preservation Law Reporter                                   22 PLR 2053
  1064 (1998)                                         preservation now available, 18 PLR 1052
                                                      (1999)
                       L
                                                    AESTHETIC REGULATION
LACHES (See COURTS AND                              City of Dayton v. Brewer, 1 PLR 3017
PROCEDURE)                                          State v. Jones (aesthetic regulation in North
                                                       Carolina), 2 PLR 3022 (1983)
LAND AND WATER CONSERVATION                         State v. Smith (aesthetic regulation), 1 PLR 3021
FUND ACT                                               (1982)
D.C. Circuit upholds decision of National Park      Village of Hudson v. Albrecht, Inc. (aesthetic
   Service to surrender easement restricting           zoning upheld in Ohio), 3 PLR 3024 (1984)
   building height, 5 PLR 3012 (1986)
Friends of the Shawangunks, Inc. v. Clark           CANVASSING
   (amendment of conservation easement to per-      Eleventh Circuit upholds ordinance limiting
   mit golf course on undeveloped land held a          commercial canvassing in Key West Historic
   “conversion” under Land and Water Conser-           District, 15 PLR 1176 (1996)
   vation Fund Act, requiring approval by Secre-
   tary of the Interior), 4 PLR 3061 (1985)         CELL TOWERS and SATELLITE DISHES (See
Friends of the Shawangunks, Inc. v. Clark           TELECOMMUNICATIONS)
   (change in use of land subject to conservation
   easement held not a “conversion” under Land      CRECHES AND OTHER DISPLAYS ON
   and Water Conservation Fund Act because          PUBLIC LANDS
   public previously lacked access to land sub-     Several courts address preservation-related dis-
   ject to easement), 4 PLR 3028 (1985)               putes around the country (Delaware), 20 PLR
Interior Department proposed land protection          1035 (2001)
   guidelines for National Park units, 2 PLR        Several courts address preservation-related dis-
   1022 (1983)                                        putes around the country (Massachusetts), 20
                                                      PLR 1042 (2001)
LAND BANKS
Nantucket Island creates land bank, 3 PLR 1019      DEMOLITION CONTROLS
  (1984)                                            Connecticut Historical Comm’n v. 89 Main
                                                      Assocs. Ltd. Partnership (Connecticut court
LAND TRUSTS (See also PUBLICATIONS)                   applies state public trust statute to enjoin
Land Trust Alliance releases book on how to           demolition of historic structures), 8 PLR 3073
  start a land trust, 9 PLR 1038 (1990)               (1989)
                                                    Nash v. City of Santa Monica (California Su-
LAND USE REGULATION                                   preme Court upholds anti-demolition provi-
(See also CONSERVATION DISTRICT                       sion in Santa Monica rent control ordinance),
ORDINANCES; DESIGN REVIEW                             4 PLR 3001 (1985)
ORDINANCES; EMINENT DOMAIN;
HISTORIC PRESERVATION ORDINANCES                    DESIGN GUIDELINES
and TAKINGS)                                        Lanham Act preempts municipality’s authority to
APA publishes new “PAS Reports” on commu-             require alteration of registered trademarks
   nity preservation, 18 PLR 1236 (1999)              through design guidelines, 17 PLR 1170
ARTICLE: Julia H. Miller, “Coordination of            (1998)
   Historic Preservation and Land Use Controls:
   New Directions in Historic Preservation          ENVIRONMENTALLY SENSITIVE/HISTORIC
   Regulation,“ 5 PLR 2041 (1986)                   AREAS
ARTICLE: Julia H. Miller, “Protecting Historic      Florida courts uphold local laws restricting de-
   Structures Against Incompatible Develop-            velopment on historic and environmentally
   ment,” 14 PLR 1012 (1995)                           sensitive land, 9 PLR 1057 (1990)
ARTICLE: Nancy C. Shanahan, “Downtown               Glisson v. Alachua County (Florida court up-
   Preservation Strategies and Techniques” (San        holds constitutional validity of county ordi-
   Francisco), 3 PLR 2031 (1984)                       nance regulating land use and development on
Guidebook for farmland protection, 6 PLR 1030          historic and environmentally sensitive lands),
   (1987)                                              7 PLR 2007 (1988)
Land Saving Action published, 3 PLR 1057            Virginia trial court directs Virginia town to give
   (1984)                                              reasonable consideration to historic preserva-
Lincoln Institute Releases Publication on "New         tion in its zoning ordinance, 10 PLR 1198
   Urbanism," 16 PLR 1048 (1997)                       (1991)
Several publications on land use and historic

22 PLR 2054                   Preservation Law Reporter                                 Master Index
HEIGHT RESTRICTIONS
Lai v. City of Honolulu (Ninth circuit holds         PLANNING
  inverse condemnation action challenging            Georgia creates comprehensive planning process
  height restriction ordinance protecting historic      and adopts property tax freeze for qualified
  and scenic attraction is not ripe for review), 7      historic structures, 8 PLR 1022 (1989)
  PLR 2006 (1988)                                    Glisson v. Alachua County (Florida court up-
New Mexico court upholds application of height          holds constitutional validity of county ordi-
  amendment to property located in Santa Fe             nance regulating land use and development on
  historic district, 14 PLR 1108 (1995)                 historic and environmentally sensitive lands),
                                                        7 PLR 2007 (1988)
HISTORIC CORRIDOR ORDINANCES                         Minnesota court upholds denial of permit to
Leesburg, Virginia adopts historic corridor ordi-       exceed maximum height for new foundation
  nance and design guidelines to regulate new           of house moved into historic district, 7 PLR
  construction, 9 PLR 1115 (1990)                       2039 (1988)
                                                     National Trust and APA issue joint report on
LIQUOR LICENSES                                         historic preservation plans, 13 PLR 1078
Ohio court upholds denial of liquor license in          (1994)
  Dayton historic district, 12 PLR 1017 (1993)       New Hampshire court upholds boundary change
                                                        to historic district, 10 PLR 1059 (1991)
MANUFACTURED HOUSING                                 Preservation planning and growth management:
Town of Chesterfield v. Brooks (state court             innovations from New England, 7 PLR 1018
  invalidates local ordinance restricting place-        (1988)
  ment of manufactured housing and suggests          Roanoke, Virginia publishes planning booklet, 6
  that community protect its character through          PLR 1029 (1987)
  creation of local historic district), 4 PLR 3024   San Francisco’s downtown plan pending before
  (1984)                                                city’s Board of Supervisors, 4 PLR 1065
                                                        (1985)
MORATORIA                                            States adopt new measures to preserve historic
ARTICLE: Shine, Edith M. “The Use of Devel-             buildings (New Jersey), 20 PLR 1218 (2001)
  opment Moratoria in the Protection of Historic     Virginia trial court directs Virginia
  Resources,” 18 PLR 1185 (1999)
Burr v. Town of Rangeley (attorney fees as-          SHADOW LEGISLATION
  sessed against developers challenging build-       Massachusetts adopts shadow legislation, 10
  ing moratorium), 7 PLR 2035 (1988)                   PLR 1015 (1991)
Colorado appeals court rules imposition of in-
  terim moratorium on development did not re-        SIGN REGULATIONS
  sult in compensable regulatory taking, 14 PLR      Alabama appeals court finds Mobile sign ordi-
  1103 (1995)                                           nance unconstitutionally vague, 18 PLR 1039
Houston imposes moratorium on issuance of               (1999)
  demolition permits to protect historic struc-      Congress shields historic buildings from trade-
  tures, 11 PLR 1012 (1992)                             mark anti-dilution laws, 18 PLR 1233 (1999)
Minnesota court upholds authority to enact in-       Eleventh circuit upholds sign ordinance in his-
  formal moratoria pending historic designation         toric district, 12 PLR 1007 (1993)
  of property, 7 PLR 2039 (1988)                     Foster & Kleiser v. City of Chicago (Illinois
Mobile adopts interim demolition moratorium, 7          appeals court upholds revocation of permit for
  PLR 1026 (1988)                                       erection of signs adjacent to historic land-
New Orleans moratorium on fast food restaurants         marks), 5 PLR 3059 (1986)
  upheld by Fifth Circuit, 4 PLR 1105 (1985)         Fourth Circuit upholds ordinance regulating
Tennessee Supreme Court voids emergency                 outdoor signs, 5 PLR 3046 (1986)
  demolition ordinance, 22 PLR 1011 (2004)           Fourth Circuit upholds sign ordinance against
U.S. Supreme Court bolsters Penn Central tak-           takings challenge, 13 PLR 1086 (1994)
  ings test; rejects claim that moratoriums on       Members of the City Council of the City of Los
  development may result in per se takings, 21          Angeles v. Taxpayers for Vincent (U.S. Su-
  PLR 1113 (2002-03)                                    preme Court upholds aesthetic-based sign
OPEN-SPACE ZONING                                       regulation) 3 PLR 3034 (1984)
Burrows v. City of Keene, 1 PLR 3037 (open           Model sign preservation ordinance published, 8
  space zoning) (1982)                                  PLR 1034 (1989)
                                                     Recent developments in billboard litigation, 5
PARKING                                                 PLR 1014 (1986)
APA publishes article on flexible parking codes      Several courts examine scope of preservation
  for historic downtowns, 12 PLR 1182 (1993)            commission’s authority under preservation or-

Master Index                  Preservation Law Reporter                                 22 PLR 2055
  dinances, 19 PLR 1083 (2000)                        sion applications may be denied on basis of
Taxpayers for Vincent v. Members of Los Ange-         "historical factors," 12 PLR 1151 (1993)
  les City Council (sign ordinance), 2 PLR 3034     Connecticut trial court upholds denial of large-
  (1983)                                              lot subdivision in Greenwich historic district,
U.S. Supreme Court finds sign ordinance overly        10 PLR 1081 (1991)
  broad, 13 PLR 1121 (1994)                         Maryland appeals court rules proposed subdivi-
                                                      sion does not "involve" historic landmarks, 15
SMART GROWTH                                          PLR 1121 (1996)
Alabama Supreme Court rules tax exempt bonds        Maryland court upholds authority to regulate
   for suburban shopping center are null and          building materials of houses to be constructed
   void, 12 PLR 1044 (1993)                           near historic site, 10 PLR 1142 (1991)
New Jersey adopts Highlands Preservation Act,       New York trial court affirms city's denial of
   22 PLR 1038 (2004)                                 request to subdivide property in historic dis-
Several states adopt preservation-related laws        trict, 7 PLR 2048 (1988)
   (Maryland) 16 PLR 1219 (1997)                    Takings challenges rejected in New York and
Sixth Circuit upholds Hudson, Ohio slow growth        Illinois, 22 PLR 1008 (2004)
   ordinance against substantive due process        Victorian Realty Group v. City of Nashua (New
   claim, 16 PLR 1175 (1997)                          Hampshire court upholds denial of application
                                                      for lot line relocation in historic district), 7
SPECIAL EXCEPTIONS/PERMITS (See also                  PLR 2042 (1988)
ZONING)
Approval of historic zoning overlay and expan-      TRANSFERABLE DEVELOPMENT RIGHTS
  sion for Stamford YMCA upheld by Con-             (TDRs)
  necticut trial court, 22 PLR 1016 (2004)          A Review of Transferable Development Rights
Connecticut and California courts address rela-        (TDR) Programs in the United States, 16 PLR
  tionship between "ministerial" and "discre-          1066 (1997)
  tionary" acts in preservation context, 12 PLR     ABA publishes articles on historic preservation
  1110 (1993)                                          and TDRs, 17 PLR 1188 (1998)
Maryland appeals court rules county planning        Appellate court affirms New York City's refusal
  commission erred in approving proposed Wal-          to permit use of Grand Central TDRs for 74-
  Mart near historic Chestertown, 18 PLR 1151          Story Building, 13 PLR 1063 (1994)
  (1999)                                            ARTICLE: Nancy C. Shanahan, “Downtown
New Hampshire Supreme Court reverses denial            Preservation Strategies and Techniques” (San
  of special exception for excavation of sand          Francisco), 3 PLR 2031 (1984)
  and gravel requiring use of non-designated        Dallas preservation incentives, 2 PLR 1013
  historic road, 18 PLR 1044 (1999)                    (1983)
Pennsylvania court upholds denial of proposal to    Development rights transfers helping justify high
  alter gas station in historic district, 12 PLR       land acquisition costs in New York City, 4
  1081 (1993)                                          PLR 1038 (1985)
Several courts address preservation-related dis-    Florida authorizes property tax abatements for
  putes around the country (Connecticut special        development rights transfer, 3 PLR 1054
  exception), 20 PLR 1033 (2001)                       (1984)
Vermont Supreme Court affirms denial of Wal-        Florida courts uphold local laws restricting de-
  Mart store application under Act 250, 16 PLR         velopment on historic and environmentally
  1196 (1997)                                          sensitive land, 9 PLR 1057 (1990)
                                                    Local incentives for rehabilitation (Dallas and
STREET CLOSURES                                        New York), 1 PLR 1049 (1982)
Coliseum Square Assn. v. City of New Orleans        Matlack v. Board of Chosen Freeholders (New
  (Louisiana court upholds street closure in his-      Jersey court invalidates delegation by county
  toric district), 8 PLR 3053 (1989)                   commissioners of authority to purchase and
                                                       sell Pinelands development credit), 2 PLR
SUBDIVISIONS                                           3072 (1983)
Acheson v. Sheaffer (D.C. court rules that the      New York and Pennsylvania adopt legislation
  division and subsequent combination of prop-         governing the transfer of development rights,
  erty to create new lots of record does not con-      8 PLR 1026 (1989)
  stitute a subdivision under the Historic Land-    New York Supreme Court upholds New York
  marks Act), 6 PLR 3008 (1987)                        City's refusal to permit TDRs from Grand
Connecticut appellate court reverses decision          Central Terminal to be used to construct 74-
  denying subdivision approval for property in         story building, 10 PLR 1127 (1991)
  historic district, 11 PLR 1129 (1992)             Supreme Court agrees to hear two cases bearing
Connecticut Supreme Court rules that subdivi-          on preservation issues (Flores v. City of

22 PLR 2056                   Preservation Law Reporter                                 Master Index
  Boerne and Suitum v. Tahoe Reg’l Planning          Landmark Land Co. v. City of Denver (Colorado
  Agency), 15 PLR 1145 (1996)                          Supreme Court upholds Denver ordinance
Transfer of development rights: economic incen-        protecting mountain views), 5 PLR 3053
  tive for preservation, 1 PLR 1031 (1982)             (1986)
U.S. Supreme Court rules takings claim involv-
  ing Tahoe TDR program is ripe for review, 16       ZONING/REZONING
  PLR 1058 (1997)                                    Amendments of Kansas municipal zoning ordi-
West Montgomery County Citizens Ass’n v.                nances require review by State Historic Pres-
  Maryland National Capital Park and Planning           ervation Officer, 6 PLR 1024 (1987)
  Comm’n (Maryland court partially invalidates       Application of Viek v. Board of Trustees (busi-
  transferable development rights program), 6           ness uses in residential historic district), 2
  PLR 3010 (1987)                                       PLR 3036 (1983)
                                                     Approval of historic zoning overlay and expan-
TRAFFIC/ HISTORIC DISTRICTS                             sion for Stamford YMCA upheld by Con-
City of Charleston v. Roberson (regulation of           necticut trial court, 22 PLR 1016 (2004)
   slow-moving tour vehicles), 1 PLR 3053            ARTICLE: Julia H. Miller, “Coordination of
   (1982)                                               Historic Preservation and Land Use Controls:
Eleventh Circuit upholds Miami Beach restric-           New Directions in Historic Preservation
   tions on sidewalk tables in art deco historic        Regulation,” 5 PLR 2041 (1986)
   district, 18 PLR 1120 (1999)                      Board of County Comm’rs v. Schuhly (Maryland
                                                        Court of Special Appeals affirms county deci-
VARIANCES                                               sion to rezone land from “conservation” to
Capitol Hill Restoration Society v. D.C. Board of       “business-general” near Antietam Battlefield),
  Zoning Adj. (D.C. Court of Appeals denies             6 PLR 3033 (1987)
  zoning variance required to subdivide lot in       Charleston ordinance regulates bed-and-
  Capitol Hill Historic District), 6 PLR 3032           breakfast uses in historic district, 4 PLR 1038
  (1987)                                                (1985)
D.C. court finds landmark status may justify         City of Renton v. Playtime Theatres, Inc. (Su-
  zoning variance, 8 PLR 3051 (1989)                    preme Court upholds zoning restriction on
New Jersey appeals court reverses variance for          adult theatres against first amendment attack),
  two-story addition to pre-Civil War house, 19         5 PLR 3009 (1986)
  PLR 1216 (2000)                                    Colorado court invalidates local zoning amend-
New Mexico court reverses grant of variance for         ment expanding uses of historic structures for
  historic house, 9 PLR 1003 (1990)                     inadequate notice, 14 PLR 1071 (1995)
New York court directs issuance of variance for      Eighth Circuit upholds zoning ordinance chal-
  off-street parking requirement in historic            lenged on the basis of antitrust, substantive
  church conversion project, 10 PLR 1055                and procedural due process, and taking claims,
  (1991)                                                5 PLR 3014 (1986)
Pennsylvania court reverses variance for amuse-      Florida courts uphold local laws restricting de-
  ment arcade in historic district, 11 PLR 1082         velopment on historic and environmentally
  (1992)                                                sensitive land, 9 PLR 1057 (1990)
Pennsylvania court upholds denial of proposal to     Georgia appeals court denies neighborhood
  alter gas station in historic district, 12 PLR        association standing to challenge rezoning ac-
  1081 (1993)                                           tion, 15 PLR 1024 (1996)
Tennessee appellate court rules historic preserva-   Historic Honolulu neighborhood considers new
  tion is not a valid hardship ground for grant-        controls on residential development, 14 PLR
  ing relief in variance case, 7 PLR 2041 (1988)        1230 (1995)
United Unions, Inc. v. D.C. Board of Zoning          Historic preservation and zoning laws working in
  Adjustment (D.C. court finds landmark status          tandem, 19 PLR 1093 (2000)
  may justify zoning variance), 8 PLR 3051           Idaho Supreme Court upholds downzoning of
  (1989)                                                property to help preserve city's "aesthetic val-
Variance for "art moderne" diner upheld, 16 PLR         ues" and "economic vitality of downtown
  1133 (1997)                                           business core," 15 PLR 1027 (1996)
Variance for two-story addition to historic row      Incentive zoning regulations adopted in Hartford,
  house denied, 9 PLR 1112 (1990)                       3 PLR 1068 (1984)
Zoning variance allowing extended-care facility      Louisiana appeals court rules pavilion is a per-
  expansion in National Register historic district      missible accessory use to a historic mansion,
  overturned in Philadelphia, 22 PLR 1016               13 PLR 1014 (1993)
  (2004)                                             MacDonald, Sommer, Frates v. Yolo County
                                                        (Supreme Court declines to reach the merits in
VIEW PROTECTION                                         regulatory “taking” case), 5 PLR 3015 (1986)

Master Index                  Preservation Law Reporter                                  22 PLR 2057
Massachusetts appeals court upholds rezoning         Takings challenges rejected in New York and
  action in Boston historic district, 19 PLR 1220      Illinois, 22 PLR 1008 (2004)
  (2000)                                             Tenth Circuit upholds denial of request to rezone
Massachusetts high court upholds large-lot zon-        property for suburban shopping mall, 10 PLR
  ing on Martha’s Vineyard, 17 PLR 1202                1146 (1991)
  (1998)                                             Two federal circuit courts reject establishment
Matter of Parkview Assocs. v. City of New York         clause claims in zoning disputes, 19 PLR
  (New York court of appeals orders developer          1138 (2000)
  to tear down top twelve stories of building        Two recent decisions show difficulty of winning 
  constructed in violation of zoning laws), 7          1983 due process challenges of local preserva-
  PLR 2036 (1988)                                      tion and zoning actions, 12 PLR 1134 (1993)
Missouri appeals court strikes down application      Virginia trial court directs Virginia town to give
  of Ladue zoning ordinance to church, 16 PLR          reasonable consideration to historic preserva-
  1116 (1997)                                          tion in its zoning ordinance, 10 PLR 1198
Nevada Supreme Court upholds special use               (1991)
  permit for historic house, 14 PLR 1211 (1995)      Wisconsin court upholds local government's
New York appeals court strikes down city law           efforts to maintain agricultural character of
  limiting use in Schenectady historic district to     town against inverse condemnation claim, 7
  single-family homes, 16 PLR 1087 (1997)              PLR 2011 (1988)
New York City sues developer and demolition          Wyoming historic preservation zoning legislation
  contractor for demolition without permits, 4         fails, 2 PLR 1028 (1983)
  PLR 1031 (1985)                                    Zoning law creating "business buffer historic
New York state law does not authorize munici-          zone" upheld, 13 PLR 1038 (1994)
  pality to regulate ownership of historic site, 6
  PLR 3020 (1987)                                    LANDSCAPES, HISTORIC
New York trial court clarifies relationship be-      Legislation reintroduced on historic shipwrecks,
  tween preservation and zoning authority, 18          Olmstead parks and American Conservation
  PLR 1075 (1999)                                      Corps, 4 PLR 1058 (1985)
Non-resident neighbors have standing to appeal       Settlement agreement provides for preservation
  or intervene in municipal zoning case, 7 PLR         of A.J. Downing landscape in New York, 4
  2057 (1988)                                          PLR 1063 (1985)
North Carolina appeals court rejects "bed and
  breakfast" by purchasers of church-owned his-      LANHAM ACT
  toric property, 16 PLR 1023 (1997)                 Lanham Act preempts municipality’s authority to
Ohio Court of Appeals reverses city decision to        require alteration of registered trademarks
  deny rezoning of land within village green, 13       through design guidelines, 17 PLR 1170
  PLR 1211 (1994)                                      (1998)
Publications on easements and zoning from the        New York Court of Appeals declares educational
  Landmarks Preservation Council of Illinois, 4        and religious uses may not be excluded alto-
  PLR 1053 (1985)                                      gether in residential historic districts, 17 PLR
Rohn v. City of Visalia (California court orders       1009 (1998)
  removal of condition requiring dedication of       Vermont enacts Historic Downtown Develop-
  land for road realignment in connection with         ment Act, 17 PLR 1185 (1998)
  approval to convert historic mansion to office
  space), 8 PLR 3013 (1989)                          LAW SUMMARIES (See ARTICLES,
Several courts address preservation-related dis-     PRESERVATION LAW SUMMARIES, and
  putes around the country (Delaware), 20 PLR        PUBLICATIONS)
  1035 (2001)
Several courts address preservation-related dis-     LEGISLATION, FEDERAL (See also TAX
  putes around the country (New York), 20 PLR        LEGISLATION, FEDERAL)
  1049 (2001)                                        Abandoned Shipwreck Act of 1987 enacted, 7
Several courts address preservation-related dis-       PLR 1001 (1988)
  putes around the country (Washing-                 Advisory Council issues interim guidance on
  ton/relocation of historic building), 20 PLR         “No Historic Properties Affected” and “No
  1055 (2001)                                          Adverse Effects” determinations, 20 PLR
South Dakota Supreme Court strikes down stat-          1212 (2001)
  ute allowing neighboring property owners to        Advisory Council on Historic Preservation reau-
  block rezoning, 16 PLR 1186 (1997)                   thorized, 3 PLR 1059 (1984)
Supreme Court upholds zoning restriction on          Allocation of fiscal year 1985 Historic Preserva-
  adult theaters against first amendment attack,       tion Fund appropriations, 4 PLR 1002 (1985)
  5 PLR 3009 (1986)                                  Amendment prohibiting designation of religious

22 PLR 2058                   Preservation Law Reporter                                  Master Index
    properties without consent proposed in Penn-          Olmsted parks, and American Conservation
    sylvania, 8 PLR 1028 (1989)                           Corps, 4 PLR 1058 (1985)
American Conservation Corps established, 3             Legislative Information Hotline established, 8
    PLR 1060 (1984)                                       PLR 1006 (1989)
American Heritage Trust Act, 8 PLR 1003                Legislative proposals relating to Native Ameri-
    (1989)                                                can cultural property, 8 PLR 1003 (1989)
American Heritage Trust Act proposed, 7 PLR            Manassas National Battlefield Park Amendments
    1003 (1988)                                           of 1988, 7 PLR 1003 (1988)
Appropriations passed for preservation, 3 PLR          National Building Museum preservation pro-
    1059 (1984)                                           grams receive funding from Congress, 4 PLR
Archeological Resources Protection Act amend-             1022 (1985)
    ments, 7 PLR 1004 (1988)                           National Heritage Conservation Act of 1989
ARTICLE: Andrea C. Ferster, “Congress Acts to             proposed, 8 PLR 1005 (1989)
    Curb Excess Benefits by Nonprofit Insiders,”       National Park Service revises certification regu-
    15 PLR 1141 (1996)                                    lations, including Secretary's rehabilitation
The Billboard Control Act of 1989, 8 PLR 1004             standards, 9 PLR 1030 (1990)
    (1989)                                             National Park Service Legislation proposed, 7
Congress appropriates additional $25 million for          PLR 1005 (1988)
    historic preservation projects, 2 PLR 1017         National Park System Review Board Act , 8 PLR
    (1983)                                                1002 (1989)
Congress breaks deadlock to restore the West           New federal law specifies "compelling interest"
    Front of the U.S. Capitol with overwhelming           requirement for laws that "substantially bur-
    vote, 2 PLR 1037 (1983)                               den" religious exercise, 12 PLR 1176 (1993)
Congress considers bills affecting preservation        Omnibus housing legislation contains large fund-
    interests; passes maritime heritage law, protec-      ing for rehabilitation, 3 PLR 1001 (1984)
    tions for California ghost town, 13 PLR 1187       1984 preservation funding approved, 3 PLR
    (1994)                                                1002 (1984)
Congress enacts new transportation bill, 17 PLR        Petroglyph National Monument Establishment
    1128 (1998)                                           Act of 1989, 8 PLR 1003 (1989)
Congress plans legislative amendment to end            Preservation easements: proposed tax regulations
    Advisory Council regulations controversy, 4           pending review in treasury department, 1 PLR
    PLR 1046 (1985)                                       1002 (1982)
Congress shields historic buildings from trade-        Preservationists fight efforts to weaken Section
    mark anti-dilution laws, 18 PLR 1233 (1999)           4(f) of the Department of Transportation Act,
County files lawsuit claiming losses from Ma-             22 PLR 1035 (2004)
    nassas Battlefield legislation, 9 PLR 1061         "Property rights" bills introduced in Congress
    (1990)                                                and 31 states, 12 PLR 1088 (1993)
Federal funding for California missions ap-            Reagan vetoes American Conservation Corps, 4
    proved, 22 PLR 1034 (2004)                            PLR 1023 (1985)
Federal legislation to protect historic shipwrecks     Recent legislative developments, 9 PLR 1133
    proposed, 2 PLR 1050 (1983)                           (1990)
Federal preservation funding for fiscal year 1984      Religious Freedom Restoration Act enacted, 12
    2 PLR 1048 (1983)                                     PLR 1133 (1993)
Hearings held on enterprise zone legislation, 3        Religious protection laws considered on Capitol
    PLR 1003 (1984)                                       Hill and by several state legislatures, 17 PLR
Highway statute protecting historic sites recodi-         1124 (1998)
    fied and reworded (Section 4(f)), 2 PLR 1017       Sale-leasebacks involving exempt users, 3 PLR
    (1983)                                                1003 (1984)
Historic bridge legislation, 6 PLR 1001 (1987)         Scenic byways legislation, 8 PLR 1004 (1989)
Historic shipwreck legislation scuttled, 3 PLR         Status quo preserved on Capitol Hill, 17 PLR
    1060 (1984)                                           1235 (1998)
Historic trails added to National Trails System        US/ICOMOS receives increased appropriation, 4
    (easements eligible for tax deductions), 2 PLR        PLR 1022 (1985)
    1018 (1983)                                        Update on election results, committee and lead-
Housing and community development legisla-                ership changes, 4 PLR 1001 (1985)
    tion, 8 PLR 1005 (1989)                            Takings legislation continues to be introduced
Illinois and Michigan Canal National Heritage             before state legislatures and U.S. Congress;
    Corridor established, 4 PLR 1002 (1985)               six states enact laws, 13 PLR 1190 (1994)
Legislation introduced in 1989 (National Historic
    Preservation Policy Act), 8 PLR 1001 (1989)        LEGISLATION, STATE (See also
Legislation reintroduced on historic shipwrecks,       TAKINGS, LEGISLATION and TAX

Master Index                    Preservation Law Reporter                                 22 PLR 2059
LEGISLATION, STATE)                                  Iowa adopts main street linked investment loan
Alabama and Illinois prohibit burdening the free       program, 8 PLR 1023 (1989)
    exercise of religion, 17 PLR 1241 (1998)         Kansas enacts historic preservation legislation, 8
Arizona enacts new preservation legislation, 4         PLR 1024 (1989)
    PLR 1067 (1985)                                  Kansas tightens acquisition of historic properties,
Arizona legislature considering historic preserva-     3 PLR 1010 (1984)
    tion legislation, 1 PLR 1032 (1982)              Landmark churches raise constitutional issues
ARTICLE: Mary Richards Bartlett, “Lobbying             (exemption sought), 2 PLR 1061 (1983)
    by Historic Preservation Organizations,” 2       Lease legislation aids preservation in Hawaii, 4
    PLR 2001 (1983)                                    PLR 1208 (1985)
ARTICLE: Dawn Maddox, “Update on Recom-              Maryland adopts new legislation for state preser-
    mendations of Connecticut‘s Heritage Task          vation program, 4 PLR 1084 (1985)
    Force,” 4 PLR 2030 (1985)                        Massachusetts adopts shadow legislation, 10
ARTICLE: Nancy C. Shanahan, “State Legisla-            PLR 1015 (1991)
    tive Task Forces in the West,” 1 PLR 2061        Michigan refines historic district legislation, 5
    (1982)                                             PLR 1045 (1986)
California adopts preservation legislation pack-     Missouri governor vetoes omnibus preservation
    age, 4 PLR 1035 (1985)                             bill, 4 PLR 1109 (1985)
California archeology laws amended, 3 PLR            Montana reduces owner-consent provisions for
    1011 (1984)                                        district designations and enacts other preser-
California enacts moratorium on religious prop-        vation legislation, 2 PLR 1027 (1983)
    erty designations, 12 PLR 1131 (1993)            National Trust begins compilation of state laws,
California exempts religious property owners           3 PLR 1010 (1984)
    from local preservation laws, 13 PLR 1176        National Trust publishes new book on state
    (1994)                                             preservation programs, 1047
Connecticut enacts new preservation bills, 4 PLR     National Trust sponsors first state preservation
    1107 (1985)                                        legislation conference, 4 PLR 1069 (1985)
Connecticut enacts scenic roads bill, 6 PLR 1023     Nevada enacts statutory provisions protecting
    (1987)                                             historic property and Indian remains and arti-
Connecticut passes two preservation related bills      facts, 8 PLR 1025 (1989)
    (Cooperative Use Act and ancient burial          New Georgia law gives legislative basis to pres-
    places statute), 3 PLR 1053 (1984)                 ervation activities at state level, 5 PLR 1033
Connecticut Trust publishes preservation law           (1986)
    handbook, 3 PLR 1057 (1984)                      New laws in Nevada enact conservation ease-
Environmental Quality Bond Act approved in             ment legislation and provide relief for historic
    New York, 5 PLR 1044 (1986)                        buildings from strict building code require-
Florida appropriates $400,000 to Historic Preser-      ments, 2 PLR 1057 (1983)
    vation Fund, 3 PLR 1054 (1984)                   New Hampshire legislation addresses cemetery
Florida authorizes property tax abatements for         vandalism, 6 PLR 1025 (1987)
    development rights transfer, 3 PLR 1054          New Jersey adopts Highlands Preservation Act,
    (1984)                                             22 PLR 1038 (2004)
Gains and losses in New Mexico (legislation), 2      New Jersey bond issue, 6 PLR 1045 (1987)
    PLR 1033 (1983)                                  New Jersey passes enabling legislation, 5 PLR
Georgia creates comprehensive planning process         1034 (1986)
    and adopts property tax freeze for qualified     New Mexico adopts "Prehistoric and Historic
    historic structures, 8 PLR 1022 (1989)             Preservation Act", 8 PLR 1025 (1989)
Georgia, Iowa, and Wisconsin act on building         New preservation legislation in Florida, 4 PLR
    codes, 3 PLR 1037 (1984)                           1107 (1985)
Georgia legislature passes law governing state       New state enabling legislation for local preserva-
    stewardship of historic places, 17 PLR 1243        tion commissions, 3 PLR 1039 (1984)
    (1998)                                           North Carolina amends enabling legislation, 8
Georgia, Missouri, and Texas adopt new preser-         PLR 1027 (1989)
    vation legislation; Oregon and Virginia con-     Oklahoma statute authorizes state preservation
    sider just compensation issues, 10 PLR 1104        program, 2 PLR 1043 (1983)
    (1991)                                           Oregon governor vetoes owner consent legisla-
Georgia revises historic shipwreck legislation, 4      tion, 12 PLR 1129 (1993)
    PLR 1110 (1985)                                  Oregon legislature adopts owner consent re-
Illinois adopts “little section 106” provision, 8      quirement for designation, 14 PLR 1227
    PLR 1023 (1989)                                    (1995)
Indiana enacts new preservation laws, 16 PLR         Oregon voters approve ballot measure requiring
    1106 (1997)                                        compensation for land use laws diminishing

22 PLR 2060                   Preservation Law Reporter                                  Master Index
   property values, 22 PLR 1037 (2004)                sites, 8 PLR 1031 (1989)
Preservation legislation dies at end of Wyoming     Washington State adopts property tax incentive,
   legislative session, 2 PLR 1028 (1983)             4 PLR 1083 (1985)
Preservation-related legislation adopted in four    Washington state amends statutes protecting
   states, 11 PLR 1121 (1992)                         quality of the built environment, 2 PLR 1035
Religious protection laws considered on Capitol       (1983)
   Hill and by several state legislatures, 17 PLR   Washington state preservation clears sunset
   1124 (1998)                                        provision, 3 PLR 1039 (1984)
Rhode Island adopts legislation authorizing         West Virginia enacts comprehensive historic
   reduced speed limits in historic districts and     preservation legislation, 8 PLR 1031 (1989)
   along scenic highways, 10 PLR 1103 (1991)        Wisconsin enacts state "section 106" legislation
Preservation bonds approved by Rhode Island           and amends tax credit program, 8 PLR 1031
   voters, 22 PLR 1038 (2004)                         (1989)
Several states adopt preservation-related laws      Wisconsin historic preservation task force report
   (Georgia, Maryland, Missouri, New Jersey,          published, 6 PLR 1030 (1987)
   North Carolina, Virginia) 16 PLR 1219 (1997)     Wyoming, New Mexico, and Virginia enact new
South Dakota enacts new historic preservation         preservation legislation, 5 PLR 1055 (1986)
   legislation, 14 PLR 1061 (1995)                  Zoning for historic preservation fails in Wyo-
State legislation project published on enabling       ming, 2 PLR 1028 (1983)
   legislation and easements, 3 PLR 1070 (1984)
State legislative initiatives: Kentucky, 1 PLR      LEGISLATIVE VETO
   2074 (1982)                                      Congressional review of U.S. Department of the
State legislative task forces established, 5 PLR      Interior regulations jeopardized by Supreme
   1045 (1986)                                        Court ruling (legislative veto), 2 PLR 1048
State preservation law summaries, 2 PLR 1029          (1983)
   (1983)
State RFRA placed on hold in New York, 16           LIBRARIES
   PLR 1167 (1997)                                  LIBRARY OF CONGRESS
States adopt new measures to preserve historic      Cultural conservation report to be published, 2
   buildings, 20 PLR 1214 (2001)                      PLR 1041 (1983)
States considering new enabling legislation for
   local preservation commissions, 4 PLR 1034       UNIVERSITY OF VIRGINIA
   (1985)                                           Preservation law library begun, 1 PLR 1005
States find new money to fund preservation             (1982)
   projects and programs, 9 PLR 1141 (1990)
Tax increment financing and easement laws           LOUISIANA
   enacted in North and South Dakota, 2 PLR         Bayou St. John Improvement Assn. v. Sands
   1026 (1983)                                         (levee project/NHPA and NEPA), 1 PLR
Tennessee and North Carolina create historic           3047, 3089 (1982)
   preservation study commissions, 6 PLR 1025       Bennett v. Taylor (NEPA and NHPA), 1 PLR
   (1987)                                              3105 (1982)
Texas legislature amends powers of Antiquities      Bywater Neighborhood Ass’n v. Tricarico (Fifth
   Committee (educational buildings, ship-             circuit dismisses lawsuit against FCC to re-
   wrecks, state-owned buildings), 2 PLR 1057          move television microwave tower and satellite
   (1983)                                              earth station in national historic district for
Texas legislature considers changes to preserva-       lack of jurisdiction), 8 PLR 3028 (1989)
   tion programs, 2 PLR 1029 (1983)                 Coliseum Square Assn. v. City of New Orleans
Uniform Conservation Easement Act enacted in           (Louisiana court upholds street closure in his-
   four states (Arkansas, Nevada, Oregon and           toric district), 8 PLR 3053 (1989)
   Wisconsin), 2 PLR 1056 (1983)                    Conference on real estate syndication scheduled
Urban cultural parks established in New York           for New Orleans, 3 PLR 1071 (1984)
   State, 2 PLR 1028 (1983)                         Court declines to enjoin permit issued prior to
Vermont enacts historic district legislation, 5        completion of section 106 review process, 9
   PLR 1045 (1986)                                     PLR 1081 (1990)
Vermont enacts Historic Downtown Develop-           Daniel v. Louisiana Department of Transporta-
   ment Act, 17 PLR 1185 (1998)                        tion (damages for historic tree removal), 3
Vermont housing and conservation trust fund, 6         PLR 3019 (1984)
   PLR 1026 (1987)                                  Federal protection of National Historic Land-
Virginia creates Department of Conservation and        marks litigated, 2 PLR 1001 (1983)
   Historic Resources, 3 PLR 1055 (1984)            Fifth circuit finds lawsuit to compel compliance
Washington enacts laws protecting Indian burial        with NHPA for Vieux Carre aquarium project

Master Index                  Preservation Law Reporter                                 22 PLR 2061
   is not moot despite completion of construc-        St. Tammany Parish v. Coast Guard Comman-
   tion, 11 PLR 1055 (1992)                              dant, 1 PLR 3009 (1982)
Fifth circuit, in third ruling in Vieux Carre case,   Several courts address preservation-related dis-
   rules Army Corps not required to comply with          putes around the country (preservation ordi-
   NHPA, 14 PLR 1007 (1995)                              nances), 20 PLR 1039 (2001)
Hilborn v. Commissioner (Tax court upholds            Several courts address standing requirements
   valuation of facade easement in Vieux Carre           with varying results, 19 PLR 1065 (2000)
   historic district at 10 percent of property’s      Tax court values preservation easement on build-
   market value), 5 PLR 3001 (1986)                      ing facade at one-third of building's value, 9
Louisiana appeals court rules against owner              PLR 1099 (Aug. 1990)
   seeking relief from race track lights shining on   Two different lawsuits challenging agency com-
   historic property, 10 PLR 1066 (1991)                 pliance with federal preservation laws dis-
Louisiana appeals court rules pavilion is a per-         missed in Louisiana, 22 PLR 1022 (2004)
   missible accessory use to a historic mansion,      Vieux Carre Property Owners v. Brown (Fifth
   12 PLR 1014 (1993)                                    circuit creates Section 106 exemption for "in-
Louisiana court holds burial artifacts belong to         consequential" licensing activities and holds
   descendants of Indian tribe, 5 PLR 3045               NHPA does not give rise to private cause of
   (1986)                                                action against non-agency defendants), 8 PLR
New Orleans moratorium on fast food restaurants          3031 (1989)
   upheld by Fifth Circuit, 4 PLR 1105 (1985)         Vieux Carre Property Owners v. Pierce (Section
Religious protection laws considered on Capitol          110(f) of the NHPA), 1 PLR 3095 (1982)
   Hill and by several state legislatures, 17 PLR
   1124 (1998)




22 PLR 2062                    Preservation Law Reporter                                 Master Index
                    PRESERVATION
                        LAW
                     REPORTER
             VOL. 22                    MASTER INDEX                                2004


                                                     ■

                         SUBJECT INDEX: M-Z
                       M                                 MAINTENANCE
                                                         Connecticut Historical Comm’n v. 89 Main
MAINE                                                      Assocs. Ltd. Partnership (Connecticut court
Burr v. Town of Rangeley (attorney fees as-                applies state public trust statute to enjoin
   sessed against developers challenging build-            demolition of historic structures), 8 PLR 3073
   ing moratorium), 7 PLR 2035 (1988)                      (1989)
Federal district court dismisses constitutional          Judicial order of priorities of testamentary trust
   challenge to Castine, Maine preservation or-            income use, 1 PLR 3061 (1982)
   dinance, 20 PLR 1175 (2001)                           Maine court rules order directing owner to repair
Historic preservation legislation enacted in sev-          historic property is an unlawful "taking," 12
   eral states, 19 PLR 1232 (2000)                         PLR 1195 (1993)
Lighthouse conveyed under National Historic
   Lighthouse Act reverts to U.S. Coast Guard,           MARITIME ADMINISTRATION (See
   22 PLR 1026 (2004)                                    DEPARTMENT OF TRANSPORATION,
Maine and Rhode Island voters approve preser-            U.S.)
   vation bond issues, 4 PLR 1108 (1985)                 MARITIME/ADMIRALTY LAW
Maine court rules order directing owner to repair        (See also ABANDONED SHIPWRECK ACT
   historic property is an unlawful "taking," 12         and SUBMERGED LANDS ACT)
   PLR 1195 (1993)                                       Abandoned shipwreck claim upheld in Andrea
Maine DOT adopts regulations governing its                  Doria case, 13 PLR 1001 (1994)
   Sensible Transportation Policy Act, 12 PLR            ARTICLE: Thompson M. Mayes, “Current Legal
   1039 (1993)                                              Issues in the Law of Historic Shipwrecks,” 5
New legislation for certified historic rehabilita-          PLR 2027 (1986)
   tions enacted in Connecticut, Maine, Mary-            ARTICLE: Robert E. Moyer, “The Law of His-
   land, Michigan, and West Virginia, 18 PLR                toric Shipwrecks: Conflict and Controversy,”
   1163 (1999)                                              2 PLR 2072 (1983)
Portland, Maine adopts new preservation ordi-            Chance v. Certain Artifacts Found and Salvaged
   nance, 9 PLR 1065 (1990)                                 from the Nashville (Georgia court applies laws
Preservation planning and growth management:                of finds rather than maritime law of salvage to
   innovations from New England, 7 PLR 1018                 determine ownership of wreck imbedded in
   (1988)                                                   river bottom), 4 PLR 3012 (1985)
                                                         Commonwealth v. Maritime Underwater Sur-
                                                            veys, Inc. (Massachusetts Supreme Judicial




                      National Trust for Historic Preservation
   Court upholds salvor's claim to abandoned             PLR 1110 (1985)
   shipwreck), 8 PLR 3049 (1989)                       Historic shipwreck legislation scuttled, 3 PLR
Commonwealth v. Maritime Underwater Sur-                 1060 (1984)
   veys, Inc. (Massachusetts underwater archeol-       Legislation reintroduced on historic shipwrecks,
   ogy law invalidated), 6 PLR 3018 (1987)               Olmstead parks and American Conservation
Court holds federal agency’s denial of approval          Corps, 4 PLR 1058 (1985)
   to photograph USS Monitor is not subject to         Texas legislature amends powers of Antiquities
   Advisory Council review, 7 PLR 2028 (1988)            Committee          (underwater         archeol-
Current legal issues in the law of historic ship-        ogy/shipwrecks), 2 PLR 1057 (1983)
   wrecks, 5 PLR 2026 (1986)
Florida Dept. of State v. Treasure Salvors, Inc.       MARYLAND
   (submerged lands act and 11th amendment             Annapolis Historic District Comm’n v. Lavies
   immunity), 1 PLR 3033, 3085 (1982)                     (ban on use of plastic construction materials in
Jupiter Wreck, Inc. v. Unidentified Sailing Ves-          historic district upheld), 6 PLR 3013
   sel (district court finds Florida has colorable     Board of County Comm’rs v. Schuhly (Maryland
   claim to abandoned shipwreck based upon its            Court of Special Appeals affirms county deci-
   assertion of sovereign immunity), 8 PLR 3046           sion to rezone land from “conservation” to
   (1989)                                                 “business-general” near Antietam Battlefield),
Klein v. Unidentified, Wrecked and Abandoned              6 PLR 3033 (1987)
   Sailing Vessel (Eleventh circuit denies diver’s     Broadview Apartments Co. v. Comm’n for His-
   salvage claim for historic shipwreck), 5 PLR           torical and Architectural Preservation (demoli-
   3008 (1986)                                            tion permit denial) 1 PLR 3058 (1982)
Maritime Underwater Survey, Inc. v. Unidenti-          Demolition permit for locally designated land-
   fied, Wrecked and Abandoned Sailing Vessel             mark, 1 PLR 3058 (1982)
   (Federal court finds it lacks jurisdiction to de-   Denial of permit to demolish historic monastery
   termine ownership of underwater artifacts be-          and chapel found unconstitutional, 15 PLR
   cause state asserted ownership claim), 4 PLR           1167 (1996)
   3006 (1985)                                         D.C. circuit sidesteps segmentation issue in
Marx v. Government of Guam (Ninth circuit                 Baltimore light rail litigation, 9 PLR 1124
   finds Guam has colorable claim to ship-                (1990)
   wrecked Spanish galleons under federal Sub-         Faulkner v. Town of Chesterton (preservation
   merged Lands Act and state territorial statute),       ordinance), 1 PLR 3014 (1982)
   8 PLR 3044 (1989)                                   Federal appeals court declines to hold U.S. Army
Sindia Expedition, Inc. v. Wrecked & Aban-                responsible for demolition by neglect, 18 PLR
   doned Vessel (district court holds New Jersey          1214 (1999)
   has colorable claim to abandoned shipwreck          Federal court enjoins Route 710 Freeway Exten-
   under Submerged Lands Act), 8 PLR 3048                 sion in Los Angeles area, 18 PLR 1132 (1999)
   (1989)                                              Federal court invalidates FHWA approval of
Subaqueous Exploration and Archaeology, Ltd.              bridge project, 18 PLR 1098 (1999)
   v. The Unidentified, Wrecked and Abandoned          Federal district court rules it lacks authority to
   Vessel (Eleventh Amendment), 3 PLR 3010                compel U.S. Army to further maintain historic
   (1983)                                                 buildings under NHPA, 15 PLR 1200 (1996)
Supreme Court declines to review Fourth Cir-           Fourth circuit rules that FERC need not comply
   cuit's ruling that insurers have not abandoned         with NHPA and NEPA in certifying incinera-
   interest in treasure from S.S. Central America,        tor affecting historic resource, 11 PLR 1073
   12 PLR 1056 (1993)                                     (1992)
Third circuit rules bell from Confederate ship         Fout v. Frederick Historic District Commission
   belongs to United States, 11 PLR 1112 (1992)           (adequacy of record), 2 PLR 3009 (1983)
Two new federal shipwrecks cases decided, 5            Historic Easton, Inc. v. Ridgeway (preservation
   PLR 3043 (1986)                                        commission’s jurisdiction over new construc-
Workbook on historic properties (shipwrecks), 7           tion), 3 PLR 3007 (1984)
   PLR 1030 (1988)                                     Historic preservation legislation enacted in sev-
                                                          eral states, 19 PLR 1232 (2000)
LEGISLATION                                            Industrial development bonds used in rehabilita-
Congress considers bills affecting preservation           tion financing (Annapolis), 1 PLR 1030
  interests; passes maritime heritage law, protec-        (1982)
  tions for California ghost town, 13 PLR 1187         Innovative development partnership in Annapo-
  (1994)                                                  lis, Md., 2 PLR 1014 (1983)
Federal legislation to protect historic shipwrecks     Maryland adopts new legislation for state preser-
  proposed, 2 PLR 1050 (1983)                             vation program, 4 PLR 1084 (1985)
Georgia revises historic shipwreck legislation, 4      Maryland appeals court rules county planning

22 PLR 2070                     Preservation Law Reporter                                  Master Index
   commission erred in approving proposed Wal-          West Montgomery County Citizens Ass’n v.
   Mart near historic Chestertown, 18 PLR 1151           Maryland National Capital Park and Planning
   (1999)                                                Comm’n (Maryland court partially invalidates
Maryland appeals court rules proposed subdivi-           transferable development rights program), 6
   sion does not "involve" historic landmarks, 15        PLR 3010 (1987)
   PLR 1121 (1996)
Maryland Attorney General advises religious             MASSACHUSETTS
   property not exempt from historic preservation       Abandoned shipwreck claim upheld in Andrea
   regulations, 13 PLR 1146 (1994)                         Doria case, 13 PLR 1001 (1994)
Maryland county board of appeals lacks jurisdic-        American Farmland Trust publishes new study
   tion in preservation dispute over in-fill con-          on the fiscal benefits of open space protection,
   struction, 18 PLR 1085 (1999)                           12 PLR 1033 (1993)
Maryland court rules that subsequent purchaser          Boston Preservation Alliance, Inc. v. Secretary of
   of house in historic district is not subject to         Environmental Affairs (state official allowed
   criminal sanctions under city code, 10 PLR              to restrict scope of environmental impact re-
   1068 (1991)                                             port on land transferred from city to private
Maryland court upholds authority to regulate               developer), 5 PLR 3027 (1986)
   building materials of houses to be constructed       Cape Cod Commission Issues Model Bylaws and
   near historic site, 10 PLR 1142 (1991)                  Regulations for Personal Wireless Service Fa-
Maryland federal district court rules RFRA is              cilities, 19 PLR 1040 (2000)
   unconstitutional, 15 PLR 1109 (1996)                 Commonwealth v. Maritime Underwater Sur-
Maryland highway proposal sent back to De-                 veys, Inc. (Massachusetts underwater archeol-
   partment of Transportation for Section 4(f)             ogy law invalidated), 6 PLR 3018 (1987)
   compliance 4 PLR 1102 (1985)                         Condemnation of land under Cape Cod National
Maryland trial court upholds denial of applica-            Seashore Act upheld by First Circuit, 4 PLR
   tions to build on side lots of Victorian house,         1103 (1985)
   9 PLR 1046 (1990)                                    Conservation Law Foundation v. Director of the
Maryland's planning department issues report on            Division of Water Pollution Control (Massa-
   infill development, 20 PLR 1221 (2001)                  chusetts appeals court gives narrow reading to
New legislation for certified historic rehabilita-         state preservation statute), 5 PLR 3041 (1986)
   tions enacted in Connecticut, Maine, Mary-           Coons v. Carstensen (conservation easement
   land, Michigan, and West Virginia, 18 PLR               found to be encumbrance on good and clear
   1163 (1999)                                             record title in land conveyance), 3 PLR 3036
Preservation law and tax planning for historic             (1984)
   buildings scheduled for Baltimore, 3 PLR             Crosby v. United States (U.S. district court up-
   1056 (1984)                                             holds relocation of national scenic trail near
Religious protection laws considered on Capitol            historic Shaker settlement), 6 PLR 3028
   Hill and by several state legislatures, 17 PLR          (1987)
   1124 (1998)                                          Federal district court strikes down rule banning
St. Charles Assocs. v. United States (federal              newspaper vending machines in historic dis-
   district court upholds National Park Service            trict, 13 PLR 1125 (1994)
   refusal to certify historic rehabilitation project   First Circuit dismisses lawsuit challenging
   for tax credit eligibility), 6 PLR 3025 (1987)          FAA’s compliance with federal preservation
"Segmentation" of transportation projects: courts          laws in approving additional commercial air-
   fail to halt a growing problem (Macht v. Skin-          line flights from Hanscom Field, 20 PLR 1194
   ner), 9 PLR 1018 (1990)                                 (2001)
Several states adopt preservation-related laws          First Circuit upholds ban on newspaper vending
   (Georgia, Maryland, Missouri, New Jersey,               machines, 15 PLR 1189 (1996)
   North Carolina, Virginia) 16 PLR 1219 (1997)         Historic preservation legislation enacted in sev-
Subaqueous Exploration and Archaeology, Ltd.               eral states, 19 PLR 1232 (2000)
   v. The Unidentified, Wrecked and Abandoned           Hough v. Marsh (Clean Air Act, NEPA, NHPA),
   Vessel (Eleventh Amendment), 3 PLR 3010                 2 PLR 3025 (1983)
   (1983)                                               Maritime Underwater Survey, Inc. v. Unidenti-
Tax court upholds major charitable contribution            fied, Wrecked and Abandoned Sailing Vessel
   deduction for donation of conservation ease-            (Federal court finds it lacks jurisdiction to de-
   ment, 9 PLR 1034 (1990)                                 termine ownership of underwater artifacts be-
Two federal circuit courts reject establishment            cause state asserted ownership claim), 4 PLR
   clause claims in zoning disputes, 19 PLR                3006 (1985)
   1138 (2000)                                          Marr v. Back Bay Architectural Comm’n (trial
Valuation of conservation easement upheld, 10              court may not direct issuance of certificate of
   PLR 1166 (1991)                                         appropriateness except in exceptional circum-

Master Index                    Preservation Law Reporter                                    22 PLR 2071
  stances), 6 PLR 3014 (1987)                          Sleeper v. Old King’s Highway Regional His-
Massachusetts adopts preservation tax credit, 22          toric District Comm’n (preservation ordi-
  PLR 1037 (2004)                                         nance), 1 PLR 3031 (1982)
Massachusetts adopts shadow legislation, 10            Society of Jesus v. Boston Landmarks Comm’n
  PLR 1015 (1991)                                         (Massachusetts trial court holds interior land-
Massachusetts appeals court upholds rezoning              mark designation of church violates Jesuits'
  action in Boston historic district, 19 PLR 1220         first amendment rights), 8 PLR 3007 (1989)
  (2000)                                               Southland Corp. v. City of Boston (Massachu-
Massachusetts clarifies state agency's role in            setts trial court holds that 90-day interim pro-
  reviewing impacts of state licensing and per-           tection period does not apply to pending archi-
  mitting activities on historic properties, 8 PLR        tectural conservation districts), 4 PLR 3041
  1024 (1989)                                             (1985)
Massachusetts court rules Beacon Hill Commis-          State official allowed to restrict scope of envi-
  sion can ban "street furniture" through sub-            ronmental impact report on land transferred
  stantive rulemaking, 15 PLR 1039 (1996)                 from city of Boston to private developer, 5
Massachusetts high court finds designation of             PLR 3027 (1986)
  church interior violates state constitution's free   States considering new enabling legislation for
  exercise clause, 9 PLR 1151 (1990)                      local preservation commissions (archeological
Massachusetts high court rules comprehensive              resources), 4 PLR 1034 (1985)
  “fast track” permitting scheme for affordable        Trial court's reversal of historic district commis-
  housing applies to historic review board ac-            sion decision denying certificate of appropri-
  tions, 22 PLR 1017 (2004)                               ateness affirmed on appeal, 14 PLR 1214
Massachusetts high court upholds large-lot zon-           (1995)
  ing on Martha’s Vineyard, 17 PLR 1202                Trinity Church v. John Hancock Mutual Life Ins.
  (1998)                                                  Co. (Massachusetts Supreme Judicial Court
Massachusetts Historical Commission publishes             affirms $3.6 million award to church for struc-
  comprehensive guidebook on laws used to                 tural damages resulting from neighboring ex-
  preserve historic resources, 18 PLR 1236                cavation work), 6 PLR 3035 (1987)
  (1999)                                               Two federal circuit courts reject establishment
Massachusetts Supreme Judicial Court upholds              clause claims in zoning disputes, 1138
  denial of mining permit against takings claim,       V.H.S. Realty, Inc. v. Hyde (Massachusetts court
  16 PLR 1111 (1997)                                      holds that preservation commission must file
Massachusetts Supreme Judicial Court upholds              decision with town clerk for determination on
  local commission denial of certificate of ap-           application to be complete), 4 PLR 3010
  propriateness, 15 PLR 1206 (1996)                       (1985)
Massachusetts Supreme Judicial Court upholds
  salvor's claim to abandoned shipwreck, 8 PLR         MEMORANDUM OF AGREEMENT
  3049 (1989)                                          (MOA) (See NATIONAL HISTORIC
Nantucket Island creates land bank, 3 PLR 1019         PRESERVATION ACT, SECTION 106)
  (1984)
New State enabling legislation for local preserva-     MICHIGAN
  tion commissions, 3 PLR 1039 (1984)                  Federal court upholds denial of demolition per-
Parker v. Beacon Hill Arch. Comm’n (Massa-               mit by historic district commission against
  chusetts court affirms denial of certificate of        RLUIPA claim, 22 PLR 1005 (2004)
  appropriateness to alter Beacon Hill row-            Federal district court rules Michigan has "color-
  house), 8 PLR 3054 (1989)                              able claim" to abandoned shipwreck, 14 PLR
Parkinson v. Board of Assessors of Medfield              1192 (1995)
  (Massachusetts Supreme Judicial Court up-            Guidebook for farmland protection, 6 PLR 1030
  holds conservation restriction on both land            (1987)
  and buildings, with appropriate reduction in         Michigan attorney general upholds Mackinac
  tax assessment on property), 5 PLR 3040                Island historic district ordinance, 1 PLR 1043
  (1986)                                                 (1982)
Religious protection laws considered on Capitol        Michigan court finds facial challenge to constitu-
  Hill and by several state legislatures, 17 PLR         tionality of historic district challenge ripe for
  1124 (1998)                                            review, 22 PLR 1010 (2004)
Several courts address preservation-related dis-       Michigan Court of Appeals strikes down Ann
  putes around the country (free speech), 20             Arbor ordinance designating 120 non-
  PLR 1042 (2001)                                        contiguous properties as a single district, 20
Several courts examine scope of preservation             PLR 1199 (2001)
  commission’s authority under preservation or-        Michigan Court of Appeals upholds enforcement
  dinances, 19 PLR 1083 (2000)                           of Ypsilanti preservation ordinance against

22 PLR 2072                     Preservation Law Reporter                                  Master Index
   free exercise and takings claims, 17 PLR 1195        be challenged under antitrust laws, 17 PLR
   (1998)                                               1178 (1998)
Michigan court upholds order to paint historic        Massachusetts Supreme Judicial Court upholds
   building, 11 PLR 1117 (1992)                         denial of mining permit against takings claim,
Michigan refines historic district legislation, 5       16 PLR 1111 (1997)
   PLR 1045 (1986)                                    New York appeals court rules agency satisfied
New legislation for certified historic rehabilita-      SEQRA in addressing impact of mining op-
   tions enacted in Connecticut, Maine, Mary-           eration on archaeological resources, 16 PLR
   land, Michigan, and West Virginia, 18 PLR            1096 (1997)
   1163 (1999)
Preservation-related legislation adopted in four      MINNESOTA
   states, 11 PLR 1121 (1992)                         Economic impact of superstore on Northfield
Recent court decisions involving historic ship-          historic district deemed “too tenuous” to sup-
   wrecks, 20 PLR 1064 (2001)                            port MERA claim, 19 PLR 1207 (2000)
Religious protection laws considered on Capitol       Fitger Brewing Co. v. State (Minnesota Court of
   Hill and by several state legislatures, 17 PLR        Appeals holds that a proposed condemnation
   1124 (1998)                                           is not a compensable taking), 6 PLR 3037
"Segmentation" of transportation projects: courts        (1997)
   fail to halt a growing problem (Historic Pres.     Minnesota appeals court upholds construction of
   Guild of Bay View v. Burnley), 9 PLR 1018             athletic center in NHL as consistent with State
   (1990)                                                Environmental Rights Act, 22 PLR 1028
Several courts address preservation-related dis-         (2004)
   putes around the country (preservation ordi-       Minnesota court dismisses inverse condemnation
   nances, res judicata, takings), 20 PLR 1046           challenge to state human burial remains stat-
   (2001)                                                ute, 9PLR 1158 (1990)
Several courts address standing requirements          Minnesota Court of Appeals declares historic
   with varying results, 19 PLR 1065 (2000)              landmark designations are quasi-legislative,
Sixth circuit affirms Michigan's claim to historic       18 PLR 1229 (1999)
   shipwreck, 16 PLR 1038 (1997)                      Minnesota Court of Appeals upholds historic
Two other courts reject procedural challenges, 22        designation of Handicraft Guild Building, 19
   PLR 1013 (2004)                                       PLR 1213 (2000)
Two recent decisions show difficulty of winning      Minnesota Court of Appeals upholds trial court’s
   1983 due process challenges of local preserva-        decision not to require environmental assess-
   tion and zoning actions, 12 PLR 1134 (1993)           ment in Old Downtown Duluth case, 18 PLR
                                                         1222 (1999)
MINING (See also DEPARTMENT OF                        Minnesota court upholds authority to enact in-
INTERIOR, U.S. and SURFACE MINING                        formal moratoria pending historic designation
CONTROL AND RECLAMATION ACT)                             of property, 7 PLR 2039 (1988)
California Coastal Commission authority to issue      Minnesota court upholds denial of permit to
   mining permits preempted by federal law, 4            exceed maximum height for new foundation
   PLR 1106 (1985)                                       of house moved into historic district, 7 PLR
California Coastal Comm’n v. Granite Rock Co.            2039 (1988)
   (state regulation of certain federally-owned       Minnesota Supreme Court finds "prudent and
   properties for environmental purposes upheld          feasible alternatives" to demolition of historic
   by the Supreme Court), 6 PLR 3001 (1987)              structure, 12 PLR 1025 (1993)
Dept. of Natural Resources v. Indian Coal Coun-       Minnesota Supreme Court reverses lower court
   cil, Inc. (Indiana Supreme Court holds desig-         in Billy Graham case, 21 PLR 1211 (2002-3)
   nation of archaeological site as unsuitable for    Minnesota trial court declines to enjoin demoli-
   coal mining is not a "taking"), 8 PLR 3014            tion of historic armory under state environ-
   (1989)                                                mental law, 11 PLR 1035 (1992)
Federal district judge rules Army Corps violates      Minnesota trial court "designates" historic dis-
   Section 106; Disagrees with National Mining           trict, but authorizes demolition of five historic
   court that certain ACHP regulations are               buildings in Old Downtown Duluth, 17 PLR
   unlawfully substantive, 21 PLR (2002-3)               1212 (1998)
Florida Rock Industries, Inc. v. United States        Recent decisions under Section 4(f), 5 PLR 3011
   (denial by Army Corps of Engineers of dredge          (1986)
   and fill permit for 98 acres of Florida wetlands   Ringsred v. City of Duluth (Eighth circuit finds
   held taking of land purchased for limestone           insufficient federal involvement in parking
   mining), 4 PLR 3036 (1985)                            ramp construction to require compliance with
Fourth Circuit rules conservation easement dona-         NEPA or Section 106), 6 PLR 3023 (1987)
   tion in historic Green Springs, Virginia, may      St. Paul highway project approved under Section

Master Index                   Preservation Law Reporter                                   22 PLR 2073
   4(f), 5 PLR 3011 (1986)                             tions of historic preservation organization’s
State and federal courts address wide range of         leasehold interest in historic building, 6 PLR
   preservation issues (Local ordinances, Inter-       3052 (1983)
   state Commerce Commission Termination             Missouri court remands to city council for recon-
   Act), 20 PLR 1101 (2001)                            sideration of variance to install vinyl siding on
States considering new enabling legislation for        historic landmark building, 7 PLR 2047
   local preservation commissions, 4 PLR 1034          (1988)
   (1985)                                            Missouri developers using increasingly contro-
Three courts address procedural due process            versial eminent domain power, 4 PLR 1014
   claims in the context of preservation laws, 19      (1985)
   PLR 1055 (2000)                                   Missouri governor vetoes omnibus preservation
                                                       bill, 4 PLR 1109 (1985)
                                                     New state enabling legislation for local preserva-
MISSISSIPPI                                            tion commissions, 3 PLR 1039 (1984)
Boyd v. Roland (Fifth circuit recognizes section     Recent developments in billboard litigation, 5
   106 applies to properties not “officially” de-      PLR 1014 (1986)
   termined eligible for the National Register), 5   Sales tax to aid preservation in Missouri, 3 PLR
   PLR 3029 (1986)                                     1070 (1984)
162.20 Acres of Land v. United States (condem-       Several states adopt preservation-related laws
   nation and NHPA), 1 PLR 3025 (1982)                 (Georgia, Maryland, Missouri, New Jersey,
States adopt new measures to preserve historic         North Carolina, Virginia) 16 PLR 1219 (1997)
   buildings (enabling act), 20 PLR 1214 (2001)      U.S. Supreme Court finds sign ordinance overly
United States v. 162.20 Acres of Land (Corps of        broad, 13 PLR 1121 (1994)
   Engineers compliance with Advisory Council
   Memorandum of Agreement following con-            MONTANA
   demnation held adequate), 3 PLR 3058 (1984)       Challenges to BLM’s compliance with federal
                                                       preservation laws produce mixed results, 22
MISSOURI                                               PLR 1019 (2004)
ALI-ABA conference on tax planning for his-          Montana reduces owner-consent provisions for
  toric buildings to be held in Kansas City, 5         district designations and enacts other preser-
  PLR 1020 (1986)                                      vation legislation, 2 PLR 1027 (1983)
Appeals court, while rejecting due process chal-
  lenge to St. Louis design review ordinance,        MOOTNESS ((See COURTS AND
  reverses commission decision on permit) de-        PROCEDURE)
  nial, 12 PLR 1069 (1993)
Challenges to preservation commission decisions      MORATORIA (See LAND USE LAWS)
  addressed in three state court decisions (Lo-
  renz v. City of Florissant), 9 PLR 1107 (1990)     MUSEUMS (See also ART LAW)
County government resists city preservation law      Donation of 2,000 acres is an unusual grant and
  in Ste. Genevieve, Mo., 3 PLR 1012 (1984)            will not jeopardize exempt status of outdoor
Eighth Circuit affirms NPS discretion in provid-       sculpture museum, 5 PLR 1029 (1986)
  ing accessibility at historic sites in dismissal   Fundraising organization’s transfers to art mu-
  of "slip and fall" case at St. Louis Arch, 17        seum do not trigger reporting to IRS under
  PLR 1056 (1998)                                      I.R.C. § 6050L, 5 PLR 1052 (1986)
Georgia, Missouri, and Texas adopt new preser-       Museum gift shop sales relating to organization’s
  vation legislation. Oregon and Virginia con-         exempt functions are exempt from unrelated
  sider just compensation issues, 10 PLR 1104          business income tax, 5 PLR 1039 (1986)
  (1991)                                             National Building Museum preservation pro-
Lafayette Park Baptist Church v. Board of Ad-          grams receive funding from Congress, 4 PLR
  justment (constitutional challenge), 2 PLR           1022 (1985)
  3005 (1983)                                        New books on preservation-related matters, 13
Landmark churches raise constitutional issues          PLR 1195 (1994)
  (exemption sought), 2 PLR 1061 (1983)              Rowan v. Pasadena Art Museum (trustee’s du-
Missouri appeals court rules church may not            ties), 1 PLR 3050 (1982)
  build surface parking lots on properties sub-      Sale-and-leaseback plans for Oakland Museum,
  ject to residential restrictive covenant, 21 PLR     1 PLR 1020 (1982)
  1223 (2002-3)                                      Seminar on legal problems of museum admini-
Missouri appeals court strikes down application        stration to be held in San Francisco, 4 PLR
  of Ladue zoning ordinance to church, 16 PLR          1087 (1985)
  1116 (1997)                                        Tax court and IRS remain strict on valuation of
Missouri Court of Appeals affirms condemna-            donations to museums, while Congress con-

22 PLR 2074                   Preservation Law Reporter                                  Master Index
  siders easing restrictions on artists who donate   COUNCIL ON ENVIRONMENTAL
  their own work, 4 PLR 1093 (1985)                  EQUALITY (CEQ), REFFERAL
                                                     Advisory Council refers Presidential Parkway
                       N                               dispute to CEQ for comment, 3 PLR 1048
                                                       (1984)
NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION                                       ENVIRONMENTAL ASSESSMENTS,
NASA agrees to save space tower (MOA issued),        SUFFICIENCY OF
  2 PLR 1032 (1983)                                  Bayou St. John Improvement Assn. v. Sands
                                                         (environmental assessment) 1 PLR 3047, 3089
NATIONAL CAPITAL PLANNING                                (1982)
COMMISSION                                           Challenges to BLM’s compliance with federal
District court rules federal agency must comply          preservation laws produce mixed results, 22
  with section 106, 10 PLR 1044 (1991)                   PLR 1019 (2004)
McMillan reversed on appeal: D.C. circuit rules      Colorado River Indian Tribes v. Marsh (federal
  that National Capital Planning Commission's            Court holds that federal agencies may not
  review of planning amendment is not subject            avoid considering indirect impact of proposed
  to Section 106, 11 PLR 1105 (1992)                     projects on sites potentially eligible for Na-
Techworld Dev. Corp. v. D.C. Preservation                tional Register), 4 PLR 3047 (1985)
  League (D.C. federal court approves devel-         Connecticut Trust for Historic Preservation v.
  opment project blocking L’Enfant plan vista            Interstate Commerce Comm’n (Second circuit
  and finds National Capital Planning Commis-            upholds ICC’s decision to allow abandonment
  sion review not a federal undertaking), 5 PLR          of the Historic Farmington Canal Branch of
  3033 (1986)                                            the Boston & Maine Railroad), 7 PLR 2017
                                                         (1988)
NATIONAL ENDOWMENT FOR THE                           Federal district court rules U.S. Coast Guard
ARTS                                                     satisfied NEPA and NHPA in deciding to
Decision in Brief: Schmidt v. Ivey, 18 PLR 1216          close operations on Governors Island, 16 PLR
  (1999)                                                 1191 (1997)
                                                     First Circuit dismisses lawsuit challenging
NATIONAL ENVIRONMENTAL POLICY                            FAA’s compliance with federal preservation
ACT                                                      laws in approving additional commercial air-
                                                         line flights from Hanscom Field, 20 PLR 1194
ATTORNEYS’ FEES (See COURTS AND                          (2001)
PROCEDURES)                                          Illinois Commerce Comm’n v. Interstate Com-
                                                         merce Comm’n (D.C. circuit upholds Inter-
CATEGORICAL EXCLUSIONS                                   state Commerce Commission's regulations es-
D.C. Circuit denies preservation challenge to            tablishing class exemption for abandonment
  FAA approval of Dallas/Ft. Worth airport ex-           of rail lines), 7 PLR 2012 (1988)
  pansion, 13 PLR 1090 (1994)                        Preservation Coalition v. Pierce 1 PLR 3055
National Trust for Historic Preservation v. Dole         (1982)
  (construction of suicide barriers on historic      Two different lawsuits challenging agency com-
  bridge does not “use” the bridge, D.C. circuit         pliance with federal preservation laws dis-
  holds, and does not require section 4(f) re-           missed in Louisiana, 22 PLR 1022 (2004)
  view), 6 PLR 3004 (1987)                           Wicker Park Historic District Preservation Fund
U.S. district court upholds Congress Hall Hotel          v. Pierce (no adverse effect determination), 2
  project under NEPA and NHPA (categorical               PLR 3044 (1983)
  exclusion), 19 PLR 1195 (2000)
                                                     ENVIRONMENTAL IMPACT STATEMENTS,
CONTINUING FEDERAL INVOLVMENT                        SUFFICIENCY OF
Federal courts rule that NEPA and NHPA obliga-       Challenges to BLM’s compliance with federal
  tions expire once project is completed, 11           preservation laws produce mixed results, 22
  PLR 1089 (1992)                                      PLR 1019 (2004)
NHPA and NEPA claims dismissed in California         Colorado River Indian Tribes, 3 PLR 1017
  lawsuit; Court rules claims "cut off" when           (1984)
  federal agency releases funds, 16 PLR 1027         Courts play a critical role in enforcing environ-
  (1997)                                               mental laws affecting historic resources (Ton-
Tyler v. Cisneros overturned on appeal; MOA            gass v. Cheney), 9 PLR 1068 (1990)
  remains binding after transfer of HUD funds,       Decision in Brief: Davis v. Latschar, 18 PLR
  17 PLR 1024 (1998)                                   1216 (1999)
                                                     Decision in Brief: Morongo Band of Mission

Master Index                  Preservation Law Reporter                                  22 PLR 2075
  Indians v. Federal Aviation Administration,
  18 PLR 1050 (1999)                                MAJOR FEDERAL ACTIONS
Deferral of Historic Resource Review Until After    American Horse Protection Ass‘n v. Dept. of
  Highway Approval Violates Section 4(f) (Cor-         Interior (wild horse removal from national
  ridor H), 18 PLR 1047(1999)                          monument, 2 PLR 3055 (1983)
D.C. Circuit denies preservation challenge to       Bennett v. Taylor (portion completed before
  FAA approval of Dallas/Ft. Worth airport ex-         effective date of NEPA is not a major federal
  pansion, 13 PLR 1090 (1994)                          action) 1 PLR 3105 (1982)
D.C. Circuit upholds FHWA approval of Wilson        Colorado River Indian Tribes v. Marsh (federal
  Bridge replacement project, 18 PLR 1209              Court holds that federal agencies may not
  (1999)                                               avoid considering indirect impact of proposed
Federal court enjoins Route 710 Freeway Exten-         projects on sites potentially eligible for Na-
  sion in Los Angeles area, 18 PLR 1132 (1999)         tional Register), 4 PLR 3047 (1985)
Federal court invalidates FHWA approval of          Committee to Save the Fox Building v. Birming-
  bridge project, 18 PLR 1098 (1999)                   ham Branch of Federal Reserve Bank (not a
Federal district court upholds action challenging      major federal action) , 1 PLR 3102 (1982)
  adequacy of environmental impact statement        D.C. circuit sidesteps segmentation issue in
  for Atlantic Terminal Project, 7 PLR 2029            Baltimore light rail litigation, 9 PLR 1124
  (1988)                                               (1990)
Federal district court upholds FHWA approval of     Efforts to enjoin Albuquerque bridge construc-
  "Corridor H" highway in West Virginia, 17            tion project unsuccessful; federal and state
  PLR 1040 (1998)                                      preservation laws held not to apply, 10 PLR
Goodwin v. Iowa State Highway Comm’n (land-            1004 (1991)
  owners allowed to recover litigation expenses     Eleventh Circuit upholds Army Corps’ permit
  of successful federal court challenge to high-       enabling construction of highway in Cobb
  way, which resulted in abandonment of emi-           County historic district, 16 PLR 1136 (1997)
  nent domain proceedings), 5 PLR 3026 (1986)       Fourth Circuit rules that FERC need not comply
Natural Resources Defense Council, Inc. v. City        with NHPA and NEPA in certifying incinera-
  of New York (EIS adequacy), 2 PLR 3015               tor affecting historic resource, 11 PLR 1073
  (1983)                                               (1992)
New York’s Westway halted, 4 PLR 1104 (1985)        Preservation Coalition v. Pierce (urban renewal),
Ninth Circuit gives National Park Service green        1 PLR 3044 (1982)
  light on Presidio clubhouse project, 17 PLR       Preservation Coalition v. Pierce, 1 PLR 3055
  1206 1998)                                           (1982)
Northwest Indian Cemetery Protective Ass’n v.       Ringsred v. City of Duluth (Eighth circuit finds
  Peterson (Ninth circuit bans logging on Indian       insufficient federal involvement in parking
  sacred land within national forest), 5 PLR           ramp construction to require compliance with
  3010(1986)                                           NEPA or Section 106), 6 PLR 3023 (1987)
Patent and Trademark Office project upheld
  under NEPA, 19 PLR 1191 (2000)                    MOOTNESS
Third circuit upholds FHWA’s rejection of Advi-     NHPA and NEPA claims dismissed in California
  sory Council’s preferred alternative in bridge      lawsuit; Court rules claims "cut off" when
  replacement case, 18 PLR 1144 (1999)                federal agency releases funds, 16 PLR 1027
                                                      (1997)
ENVIRONMENTAL REGULATIONS                           Two different lawsuits challenging agency com-
Department of Transportation revises impact           pliance with federal preservation laws dis-
  assessment procedures, 6 PLR 1037 (1987)            missed in Louisiana, 22 PLR 1022 (2004)
Maritime Administration issues final environ-       Tyler v. Cisneros overturned on appeal; MOA
  mental procedures, 4 PLR 1100 (1985)                remains binding after transfer of HUD funds,
Transportation Department proposes amend-             17 PLR 1024 (1998)
  ments to environmental regulations, 3 PLR
  1007 (1984)                                       PRELIMINARY INJUNCTIONS
                                                    Stand Together Against Neighborhood Decay,
LACHES                                                 Inc. v. Board of Estimate (U.S. district court
Committee to Save the Fox Building v. Birming-         denies preliminary injunctive relief to prevent
   ham Branch of Federal Reserve Bank (not a           condemnation of property in downtown
   major federal action) , 1 PLR 3102 (1982)           Brooklyn, holding that condemnation is not
Preservation Coalition v. Pierce (urban renewal),      irreparable), 7 PLR 2022 (1988)
   1 PLR 3044 (1982)
Preservation Coalition v. Pierce 1 PLR 3055         SEGMENTATION OF PROJECTS
   (1982)                                           Bennett v. Taylor (segmentation of highway

22 PLR 2076                   Preservation Law Reporter                                 Master Index
   project under NEPA and NHPA), 1 PLR 3105           Supreme Court’s Buckhannon standard, 22
   (1982)                                             PLR 1024 (2004)
Concerned Citizens for the Preservation of His-     Decision in Brief: Davis v. Latschar, 18 PLR
   toric Commercial Scranton, Inc. v. City of         1216 (1999)
   Scranton (U.S. district court denies prelimi-    Federal court enjoins Route 710 Freeway Exten-
   nary injunctive relief pending completion of       sion in Los Angeles area, 18 PLR 1132 (1999)
   historic and environmental reviews), 7 PLR       Federal district court upholds FHWA approval of
   2020 (1988)                                        "Corridor H" highway in West Virginia, 17
Decision in Brief: Morongo Band of Mission            PLR 1040 (1998)
   Indians v. Federal Aviation Administration,      Historic Fort Sanders Neighborhood Ass’n, Inc.
   18 PLR 1050 (1999)                                 v. Dole (U.S. District Court rules highway in-
D.C. circuit sidesteps segmentation issue in          terchange near Knoxville Historic District
   Baltimore light rail litigation, 9 PLR 1124        fails to comply with Section 4(f), NEPA), 5
   (1990)                                             PLR 3049 (1986)
Eleventh Circuit upholds Army Corps permit
   enabling construction of highway in Cobb         TIMING OF ENVIRONMENTAL
   County historic district, 16 PLR 1136 (1997)     REVIEW/PHASED PROJECTS
Federal district court rules U.S. Coast Guard       Federal district court rules U.S. Coast Guard
   satisfied NEPA and NHPA in deciding to             satisfied NEPA and NHPA in deciding to
   close operations on Governors Island, 16 PLR       close operations on Governors Island, 16 PLR
   1191 (1997)                                        1191 (1997)
Federal judge enjoins state and local officials     Morris County Trust for Historic Preservation v.
   from receiving federal funds for Indiana           Pierce (ongoing federal involvement in urban
   highway project, 22 PLR 1020 (2004)                renewal project), 2 PLR 3064 (1983)
SIGNIFICANT IMPACTS
American Horse Protection Ass‘n v. Dept. of         NATIONAL HERITAGE CORRIDORS
   Interior (wild horse removal from national       Illinois and Michigan Canal National Heritage
   monument, 2 PLR 3055 (1983)                          Corridor established, 4 PLR 1002 (1985)
City of Columbia v. Solomon (visual impact), 1
   PLR 3069 (1982)                                  NATIONAL HISTORIC LANDMARKS
Colorado River Indian Tribes v. Marsh (federal      (See NATIONAL REGISTER OF HISTORIC
   Court holds that federal agencies may not        PLACES)
   avoid considering indirect impact of proposed
   projects on sites potentially eligible for Na-   NATIONAL HISTORIC LIGHTHOUSE
   tional Register), 4 PLR 3047 (1985)              ACT
Crosby v. United States (U.S. district court up-    Lighthouse conveyed under National Historic
   holds relocation of national scenic trail near     Lighthouse Act reverts to U.S. Coast Guard,
   historic Shaker settlement), 6 PLR 3028            22 PLR 1026 (2004)
   (1987)
Goodman Group, Inc. v. Dishroom (aesthetic and      NATIONAL HISTORIC PRESERVATION
   cultural impacts), 2 PLR 3011 (1983)             ACT (See also ADVISORY COUNCIL ON
Vieux Carre Property Owners, Residents and          HISTORIC PRESERVATION;
   Associates, Inc. v. Pierce, 1 PLR 3095 (1982)    LEGISLATION, FEDERAL; NATIONAL
                                                    HISTORIC LANDMARKS; NATIONAL
STATE DELEGATION REVIEWS                            HISTORIC PRESERVATION ACT, SECTI0N
Tyler v. Cisneros overturned on appeal; MOA         106; NATIONAL HISTORIC
  remains binding after transfer of HUD funds,      PRESERVATION ACT, SECTION 110;
  17 PLR 1024 (1998)                                NATIONAL REGISTER OF HISTORIC
                                                    PLACES and PUBLICATIONS)
STATUTE OF LIMITATIONS
NHPA and NEPA claims dismissed in California        ARTICLE
  lawsuit; Court rules claims "cut off" when        Kate M. Perry, “The National Historic Preserva-
  federal agency releases funds, 16 PLR 1027          tion Forum Evaluates the Nation’s Preserva-
  (1997)                                              tion Program,” 6 PLR 2047 (1987)
Tyler v. Cisneros overturned on appeal; MOA
  remains binding after transfer of HUD funds,      AMENDMENTS
  17 PLR 1024 (1998)                                Congress approves historic lighthouse law and
                                                      codifies Executive Order 13006, 19 PLR 1227
SUPPLEMENTAL ENVIRONMENTAL                            (2000)
IMPACT STATEMENTS                                   Congress plans legislative amendment to end
Courts address requests for attorneys’ fees under     Advisory Council regulations controversy, 4

Master Index                  Preservation Law Reporter                               22 PLR 2077
  PLR 1046 (1985)                                       regulations, 19 PLR 1223 (2000)
Cultural conservation report to be published         ARTICLE: John M. Fowler and Charlotte R.
  (Library of Congress), 2 PLR 1041 (1983)              Bell, “Advisory Council on Historic Preserva-
Fowler bill enacted: Federal preservation law           tion—Recent Developments under Section
  strengthened; National Historic Preservation          106 of the National Historic Preservation
  Act amendments of 1992 signed into law, 11            Act,” 1 PLR 2030 (1982)
  PLR 1155 (1992)                                    Federal district court upholds Advisory Coun-
1984 preservation funding approved, 3 PLR               cil’s authority to impose binding Section 106
  1002 (1984)                                           procedures; Strikes down two provisions regu-
                                                        lating “substance” of process, 20 PLR 1178
HISTORIC PRESERVATION FUND                              (2001)
APPROPRIATIONS                                       Federal district judge rules Army Corps violates
Allocation of fiscal year 1985 Historic Preserva-       Section 106; Disagrees with National Mining
  tion Fund appropriations, 4 PLR 1002 (1985)           court that certain ACHP regulations are
Congress appropriates additional $25 million for        unlawfully substantive, 21 PLR 1198 (2002-3)
  historic preservation projects, 2 PLR 1017         Five-step Summary of the Revised Section 106
  (1983)                                                Procedures, 18 PLR 1092 (1999)
Federal preservation funding for fiscal year 1984    LAW SUMMARY: Five-Step Summary of the
  2 PLR 1048 (1983)                                     Advisory Council’s Section 106 Procedures,
House approves appropriations for Historic              18 PLR 1092 (1999)
  Preservation Fund and HUD, 4 PLR 1071              Update on section 106 regulations, 5 PLR 1014
  (1985)                                                (1986)

HISTORIC PRESERVATION GRANTS                         AGENCY COUNTERPART REGULATIONS
IRS confirms that historic preservation grants-in-   (Alternative Section 106 Procedures)
  aid are not taxable income, 2 PLR 1002             Army Corps of Engineers proposes to replace its
  (1983)                                               Section 106 compliance procedures in pro-
                                                       posed rulemaking, 3 PLR 1033 (1984)
NATIONAL HISTORIC PRESERVATION                       Department of Transportation revises impact
ACT, SECTION 106 (See also ADVISORY                    assessment procedures, 6 PLR 1037 (1987)
COUNCIL ON HISTORIC PRESERVATION;                    Office of Surface Mining litigation, 6 PLR 1002
NATIONAL HISTORIC PRESERVATION                         (1987)
ACT, SECTION 110)                                    Regulations for approved state and local gov-
                                                       ernment historic preservation programs pub-
ADVISORY COUNCIL REGULATIONS (36                       lished, 3 PLR 1027 (1984)
C.F.R. Part 800)                                     Surface coal mining regulations draw legal chal-
Advisory Council approves draft of Section 106         lenge, 3 PLR 1009 (1984)
  regulations, now pending approval by OMB, 4        U.S. District Court invalidates federal surface
  PLR 1078 (1985)                                      mining regulations, 10 PLR 1151 (1991)
Advisory Council issues draft revisions to pro-
  posed regulations governing Section 106 re-        ANTICIPATORY DEMOLITION (See also
  view, 14 PLR 1218 (1995)                           FORECLOSURE)
Advisory Council issues interim guidance on          Advisory Council issues “anticipatory demoli-
  “No Historic Properties Affected” and “No             tion” policy statement, 6 PLR 1038 (1987)
  Adverse Effects” determinations, 20 PLR            Concerned Citizens for the Preservation of His-
  1212 (2001)                                           toric Commercial Scranton, Inc. v. City of
Advisory Council issues new proposed revisions          Scranton (U.S. district court denies prelimi-
  to Section 106 regulations, 15 PLR 1180               nary injunctive relief pending completion of
  (1996)                                                historic and environmental reviews), 7 PLR
Advisory Council issues new Section 106 regula-         2020 (1988)
  tions, 18 PLR 1088 (1999)                          Federal district court dismisses Section 106
Advisory Council issues proposed new regula-            lawsuit against City of Columbus; allows an-
  tions, 4 PLR 1097 (1985)                              ticipatory demolition lawsuit to proceed
Advisory Council on Historic Preservation pub-          against FHWA, 17 PLR 1030 (1998)
  lishes final regulation, 5 PLR 1031 (1986)         Section 106 regulations revised, 22 PLR 1032
Advisory Council on Historic Preservation to            (2004)
  consider revised regulations, 4 PLR 1008           State and federal courts address wide range of
  (1985)                                                preservation issues (Cleveland Huletts), 20
Advisory Council proposes revisions to Section          PLR 1104 (2001)
  106 regulations, 13 PLR 1163 (1994)
Advisory Council publishes revised Section 106       ATTORNEYS’ FEES (See COURTS AND

22 PLR 2078                   Preservation Law Reporter                                Master Index
PROCEDURE)                                            preservation laws produce mixed results, 22
                                                      PLR 1019 (2004)
                                                    Corridor H case reversed on appeal, deferral of
CONSULTATION PROCESS                                  historic resource review until after highway
Charleston preservationists fighting courthouse       approval violates Section 4(f) (Section 106),
   annex, 3 PLR 1016 (1984)                           18 PLR 1047 (1999)
District court rules Army Corps of Engineers        Court declines to enjoin permit issued prior to
   satisfied National Historic Preservation Act,      completion of section 106 review process, 9
   11 PLR 1124 (1992)                                 PLR 1081 (1990)
First Circuit dismisses lawsuit challenging         District court rules Army Corps of Engineers
   FAA’s compliance with federal preservation         satisfied National Historic Preservation Act,
   laws in approving additional commercial air-       11 PLR 1124 (1992)
   line flights from Hanscom Field, 20 PLR 1194     D.C. Circuit denies preservation challenge to
   (2001)                                             FAA approval of Dallas/Ft. Worth airport ex-
Third circuit upholds FHWA’s rejection of Advi-       pansion, 13 PLR 1090 (1994)
   sory Council’s preferred alternative in bridge   D.C. Circuit upholds FHWA approval of Wilson
   replacement case, 18 PLR 1144 (1999)               Bridge replacement project, 18 PLR 1209
                                                      (1999)
CONSULTING PARTIES                                  Eighth Circuit rules Surface Transportation
Challenges to BLM’s compliance with federal           Board violated Section 106, 22 PLR 1018
  preservation laws produce mixed results, 22         (2004)
  PLR 1019 (2004)                                   Federal court invalidates FHWA approval of
Eighth Circuit rules Surface Transportation           bridge replacement project, 18 PLR 1098
  Board violated Section 106, 22 PLR 1018             (1999)
  (2004)                                            Federal district court rules U.S. Coast Guard
Ninth Circuit gives National Park Service green       satisfied NEPA and NHPA in deciding to
  light on Presidio clubhouse project, 17 PLR         close operations on Governors Island, 16 PLR
  1206 1998)                                          1191 (1997)
                                                    Morris County Trust for Historic Preservation v.
CONTINUING FEDERAL INVOLVEMENT                        Pierce, 2 PLR 3064 (1983)
Decision in Brief: Hopi Tribe v. Federal High-      United States v. 162.20 Acres of Land (Corps of
   way Administration, 18 PLR 1050 (1999)             Engineers Compliance with Advisory Council
Federal courts rule that NEPA and NHPA obliga-        Memorandum of Agreement following con-
   tions expire once project is completed, 11         demnation held adequate), 3 PLR 3058 (1984)
   PLR 1089 (1992)                                  U.S. district court upholds Congress Hall Hotel
Federal district court declines to enjoin demoli-     project under NEPA and NHPA, 19 PLR 1195
   tion of historic Lake Placid Club, 12 PLR          (2000)
   1019 (1993)
Fifth Circuit finds lawsuit to compel compliance    DEMOLITION BY NEGLECT
   with NHPA for Vieux Carre aquarium project       Federal court upholds action to compel Oakland
   is not moot despite completion of construc-        to comply with Section 106, 11 PLR 1147
   tion, 11 PLR 1055 (1992)                           (1992)
Fill the Pool Committee v. Village of Johnson       Federal district court rules it lacks authority to
   City (Section 106 compliance), 2 PLR 3049          compel U.S. Army to further maintain historic
   (1983)                                             buildings under NHPA, 15 PLR 1200 (1996)
Morris County Trust for Historic Preservation v.
   Pierce, 2 PLR 3064 (1983)                        EXEMPTION/WAIVER
Tyler v. Cisneros overturned on appeal; MOA         Hearings held on enterprise zone legislation
   remains binding after transfer of HUD funds,       (NHPA waiver), 3 PLR 1003 (1984)
   17 PLR 1024 (1998)                               Vieux Carre Property Owners v. Brown (Fifth
                                                      circuit creates Section 106 exemption for "in-
COORDINATION WITH NEPA                                consequential" licensing activities and holds
Federal district court rules U.S. Coast Guard         NHPA does not give rise to private cause of
   satisfied NEPA and NHPA in deciding to             action against non-agency defendants), 8 PLR
   close operations on Governors Island, 16 PLR       3031 (1989)
   1191 (1997)
Preservation Coalition v. Pierce (NEPA and          FEDERAL UNDERTAKINGS
   NHPA compliance), 1 PLR 3044, 3055 (1982)        Challenges to BLM’s compliance with federal
                                                      preservation laws produce mixed results, 22
DEFERRAL/TIMING                                       PLR 1019 (2004)
Challenges to BLM’s compliance with federal         Court holds federal agency’s denial of approval

Master Index                  Preservation Law Reporter                                 22 PLR 2079
   to photograph USS Monitor is not subject to        Ringsred v. City of Duluth (Eighth circuit finds
   Advisory Council review, 7 PLR 2028 (1988)           insufficient federal involvement in parking
District court fails to find federal undertaking in     ramp construction to require compliance with
   Harlem warehouse case, 22 PLR 1024 (2004)            NEPA or Section 106), 6 PLR 3023 (1987)
District court rules federal agency must comply       Techworld Dev. Corp. v. D.C. Preservation
   with section 106, 10 PLR 1044 (1991)                 League (D.C. federal court approves devel-
D.C. Circuit rules Section 106 does not apply to        opment project blocking L’Enfant plan vista
   federally-delegated state permits, 21 PLR            and finds National Capital Planning Commis-
   1188 (2002-3)                                        sion review not a federal undertaking), 5 PLR
Efforts to enjoin Albuquerque bridge construc-          3033 (1986)
   tion project unsuccessful; federal and state       Vieux Carre Property Owners v. Brown (Fifth
   preservation laws held not to apply, 10 PLR          circuit creates Section 106 exemption for "in-
   1004 (1991)                                          consequential" licensing activities and holds
Federal court denies TRO to stop redevelopment          NHPA does not give rise to private cause of
   of Chicago’s Maxwell Street, 19 PLR 1184             action against non-agency defendants), 8 PLR
   (2000)                                               3031 (1989)
Federal court upholds action to compel Oakland
   to comply with Section 106, 11 PLR 1147            FINDINGS OF EFFECT
   (1992)                                             Bayou St. John Improvement Ass’n v. Sands, 1
Federal district court declines to enjoin demoli-        PLR 3089 (1982)
   tion of historic Lake Placid Club, 12 PLR          City of Columbia v. Solomon, 1 PLR 3071
   1019 (1993)                                           (1982)
Federal district court dismisses Section 106          Colorado River Indian Tribes, 3 PLR 1017
   lawsuit against City of Columbus; allows an-          (1984)
   ticipatory demolition lawsuit to proceed           Decision in Brief: Davis v. Latschar, 18 PLR
   against FHWA, 17 PLR 1030 (1998)                      1216 (1999)
Federal district court rules it lacks authority to    Decision in Brief: Morongo Band of Mission
   compel U.S. Army to further maintain historic         Indians v. Federal Aviation Administration,
   buildings under NHPA, 15 PLR 1200 (1996)              18 PLR 1050 (1999)
Fill the Pool Committee v. Village of Johnson         District court rules federal agency must comply
   City (Section 106 compliance), 2 PLR 3049             with section 106, 10 PLR 1044 (1991)
   (1983)                                             Federal district court upholds action challenging
Fourth Circuit rules that FERC need not comply           adequacy of environmental impact statement
   with NHPA and NEPA in certifying incinera-            for Atlantic Terminal Project, 7 PLR 2029
   tor affecting historic resource, 11 PLR 1073          (1988)
   (1992)                                             Federal district judge rules Army Corps violates
Lee v. Thornburgh (D.C. Circuit holds NHPA               Section 106; Disagrees with National Mining
   does not               apply to proposed prison       court that certain ACHP regulations are
   facility to be constructed on federal land and        unlawfully substantive, 21 PLR 1198 (2002-3)
   financed by direct Congressional appropria-        Fifth Circuit, in third ruling in Vieux Carre case,
   tion), 8 PLR 3027 (1989)                              rules Army Corps not required to comply with
McMillan reversed on appeal: D.C. circuit rules          NHPA, 14 PLR 1007 (1995)
   that National Capital Planning Commission's        First Circuit dismisses lawsuit challenging
   review of planning amendment is not subject           FAA’s compliance with federal preservation
   to Section 106, 11 PLR 1105 (1992)                    laws in approving additional commercial air-
Medina Committee v. Interstate Commerce                  line flights from Hanscom Field, 20 PLR 1194
   Comm. (interstate traffic), 1 PLR 3026 (1982)         (2001)
162.20 Acres of Land v. United States (condem-        Fourth Circuit rules adjacent property owners
   nation and § 106 compliance), 1 PLR 3025              have standing to enforce Section 106, 20 PLR
   (1982)                                                1188 (2001)
Paulina Lake Historic Cabin Owners Ass’n v.           National Trust for Historic Preservation v. U.S.
   U.S.D.A. Forest Service (assertion of owner-          Army Corps of Engineers (§ 106 compliance),
   ship interest by Forest Service in structures         1 PLR 3001 (1983)
   erected on government land does not consti-        New Mexico Navajo Ranchers Ass’n v. Interstate
   tute “federal undertaking” under NHPA), 4             Commerce Comm’n (D.C. circuit finds Inter-
   PLR 3039 (1985)                                       state Commerce Commission's decision to
Postal Service installation of freestanding mail-        permit construction of railroad in Navajo
   boxes held subject to National Historic Pres-         lands is consistent with Section 106), 7 PLR
   ervation Act, 3 PLR 1027 (1984)                       2015 (1988)
Preservation Coalition v. Pierce (delegation to       State and federal courts address wide range of
   grant recipient), 1 PLR 3044 (1982)                   preservation issues (Cleveland Huletts), 20

22 PLR 2080                    Preservation Law Reporter                                  Master Index
  PLR 1104 (2001)                                      NHPA, 18 PLR 1140 (1999)
U.S. Coast Guard directed to comply with federal     Tenth Circuit rules Forest Service violated
  preservation laws before replacing lens in his-      NHPA in approving visitor management pro-
  toric lighthouse, 9 PLR 1091 (1990)                  gram in Las Huertas Canyon, 14 PLR 1185
U.S. district court upholds Congress Hall Hotel        (1995)
  project under NEPA and NHPA, 19 PLR 1195           Third Circuit orders Surface Transportation
  (2000)                                               Board to comply with Section 106, 20 PLR
Wicker Park Historic District Preservation Fund        1162 (2001)
  v. Pierce, 2 PLR 3044 (1983)                       Two different lawsuits challenging agency com-
                                                       pliance with federal preservation laws dis-
FORECLOSURE (See also ANTICIPATORY                     missed in Louisiana 22 PLR 1022 (2004)
DEMOLITION)                                          Wilson v. Block, 2 PLR 3057 (1983)
Connecticut Trust for Historic Preservation v.
    Interstate Commerce Comm’n (Second circuit       JURISDICTION (See
    upholds ICC’s decision to allow abandonment      PREEMPTION/JURISDICTION)
    of the Historic Farmington Canal Branch of
    the Boston & Maine Railroad), 7 PLR 2017         LACHES
    (1988)                                           Friends of Sierra Railroad, Inc. v. I.C.C. (Ninth
Illinois Commerce Comm’n v. Interstate Com-             circuit holds it lacks jurisdiction to review
    merce Comm’n (D.C. circuit upholds Inter-           ICC's failure to consider effect of actions on
    state Commerce Commission's regulations es-         historic railroad line), 8 PLR 3036 (1989)
    tablishing class exemption for abandonment
    of rail lines), 7 PLR 2012 (1988)                Preservation Coalition v. Pierce (delegation to
                                                        grant recipient), 1 PLR 3044 (1982)
IDENTIFICATION OF HISTORIC
RESOURCES (See also DEFERRAL/TIMING                  MEMORANDUM OF AGREEMENT
and NATIONAL REGISTER-ELIGIBLE                       Challenges to BLM’s compliance with federal
PROPERTIES)                                             preservation laws produce mixed results, 22
Bayou St. John Improvement Ass’n v. Sands, 1            PLR 1019 (2004)
  PLR 3089 (1982)                                    Concerned Citizens for the Preservation of His-
Boyd v. Roland (Fifth circuit recognizes section        toric Commercial Scranton, Inc. v. City of
  106 applies to properties not “officially” de-        Scranton (U.S. district court denies prelimi-
  termined eligible for the National Register), 5       nary injunctive relief pending completion of
  PLR 3029 (1986)                                       historic and environmental reviews), 7 PLR
Challenges to BLM’s compliance with federal             2020 (1988)
  preservation laws produce mixed results, 22        Federal courts rule that NEPA and NHPA obliga-
  PLR 1019 (2004)                                       tions expire once project is completed, 11
Colorado River Indian Tribes v. Marsh (federal          PLR 1089 (1992)
  Court holds that federal agencies may not          Federal district court declines to enjoin demoli-
  avoid considering indirect impact of proposed         tion of historic Lake Placid Club, 12 PLR
  projects on sites potentially eligible for Na-        1019 (1993)
  tional Register), 4 PLR 3047 (1985)                Georgia court rules that agreements under Sec-
Decision in Brief: Hopi Tribe v. Federal High-          tion 106 and Section 4(f) do not require transit
  way Administration, 18 PLR 1050 (1999)                authority to donate parkland, 10 PLR 1049
District court rules Forest Service satisfied Sec-      (1991)
  tion 106 in permitting log hauling in area sig-    NASA agrees to save space tower (MOA issued),
  nificant to Native Americans, 13 PLR 1025             2 PLR 1032 (1983)
  (1994)                                             NHPA and NEPA claims dismissed in California
Federal court denies TRO to stop redevelopment          lawsuit; Court rules claims "cut off" when
  of Chicago’s Maxwell Street, 19 PLR 1184              federal agency releases funds, 16 PLR 1027
  (2000)                                                (1997)
Federal court invalidates FHWA approval of           Natural Resources Defense Council, Inc. v. City
  bridge replacement project, 18 PLR 1098               of New York, 2 PLR 3015 (1983)
  (1999)                                             Ninth Circuit upholds public enforcement rights
Hough v. Marsh, 2 PLR 3025 (1983)                       under MOA, 19 PLR 1179 (2000)
Ninth Circuit permits gas company to conduct         Preservation cases persist involving District of
  archaeological survey on private property to          Columbia’s Pennsylvania Avenue Corridor
  satisfy section 106 obligations, 13 PLR 1007          (violation of MOA), 2 PLR 1059 (1983)
  (1994)                                             Preservation Coalition v. Pierce (delegation to
Ninth Circuit upholds U.S. Forest Service’s             grant recipient), 1 PLR 3044 (1982)
  approval of Alaskan timber sales under             Stay lifted by Supreme Court; Two Broadway

Master Index                  Preservation Law Reporter                                  22 PLR 2081
  theaters demolished (MOA), 1 PLR 1034               Corps of Engineers permit challenged in Cincin-
  (1982)                                                nati as violation of section 106 of NHPA, 1
Two different lawsuits challenging agency com-          PLR 1046 (1982)
  pliance with federal preservation laws dis-         D.C. Circuit concludes that it lacks appellate
  missed in Louisiana, 22 PLR 1022 (2004)               jurisdiction in cell tower case, 22 PLR 1021
Tyler v. Cisneros overturned on appeal; MOA             (2004)
  remains binding after transfer of HUD funds,        Lighthouse conveyed under National Historic
  17 PLR 1024 (1998)                                    Lighthouse Act reverts to U.S. Coast Guard,
Update on Portman Hotel controversy in New              22 PLR 1026 (2004)
  York City (MOA), 1 PLR 1011 (1982)                  Motorcycle race affecting California desert ar-
Washington Trust for Historic Preservation v.           cheological sites subject of lawsuit (failure to
  City of Seattle (U.S. district court enforces         consult) , 2 PLR 1060 (1983)
  compliance with Memorandum of Agreement             National Trust for Historic Preservation v. U.S.
  under Section 106 and enjoins city from de-           Army Corps of Engineers (§ 106 compliance),
  molishing historic buildings), 7 PLR 2024             1 PLR 3001 (1983)
  (1988)
Wisconsin court rules state DOT lacks authority       PREEMPTION/JURISDICTION
  to condemn land to protect archaeological site,     Boarhead decision affirmed on appeal; court
  13 PLR 1021 (1994)                                     lacks jurisdiction to compel compliance with
Wisconsin supreme court affirms ruling that state        Section 106 in cleanup of hazardous waste
  DOT lacks authority to condemn land to pro-            site, 10 PLR 1001 (1991)
  tect archaeological site, 13 PLR 1208 (1994)        Bywater Neighborhood Ass’n v. Tricarico (Fifth
United States v. 162.20 Acres of Land (Corps of          circuit dismisses lawsuit against FCC to re-
  Engineers Compliance with Advisory Council             move television microwave tower and satellite
  Memorandum of Agreement following con-                 earth station in national historic district for
  demnation held adequate), 3 PLR 3058 (1984)            lack of jurisdiction), 8 PLR 3028 (1989)
                                                      District court dismisses action to compel EPA to
MOOTNESS                                                 comply with section 106 in applying super-
Decision in Brief: Schmidt v. Ivey, 18 PLR 1216          fund law to historic properties, 9 PLR 1074
   (1999)                                                (1990)
Fifth Circuit finds lawsuit to compel compliance      District court orders Foreign Missions Board to
   with NHPA for Vieux Carre aquarium project            "substantially comply" with Section 106 and
   is not moot despite completion of construc-           local preservation law, 12 PLR 1075 (1993)
   tion, 11 PLR 1055 (1992)                           D.C. Circuit concludes that it lacks appellate
Two different lawsuits challenging agency com-           jurisdiction in cell tower case, 22 PLR 1021
   pliance with federal preservation laws dis-           (2004)
   missed in Louisiana, 22 PLR 1022 (2004)            D.C. Circuit reinstates earlier ruling that FDIC
Tyler v. Cisneros overturned on appeal; MOA              cannot be enjoined for Section 106 violation,
   remains binding after transfer of HUD funds,          13 PLR 1130 (1994)
   17 PLR 1024 (1998)                                 D.C. Circuit vacates earlier ruling that FDIC
                                                         cannot be enjoined for Section 106 violation,
NATIONAL REGISTER-ELIGIBLE                               12 PLR 1163 (1993)
PROPERTIES (See also IDENTIFICATION)                  Friends of Sierra Railroad, Inc. v. I.C.C. (Ninth
Boyd v. Roland (Fifth circuit recognizes section         circuit holds it lacks jurisdiction to review
  106 applies to properties not “officially” de-         ICC's failure to consider effect of actions on
  termined eligible for the National Register), 5        historic railroad line), 8 PLR 3036 (1989)
  PLR 3029 (1986)
Colorado River Indian Tribes v. Marsh (federal
  Court holds that federal agencies may not           PRELIMINARY INJUNCTIONS
  avoid considering indirect impact of proposed       D.C. Circuit rules FDIC's failure to comply with
  projects on sites potentially eligible for Na-        Section 106 is not subject to injunctive relief,
  tional Register), 4 PLR 3047 (1985)                   12 PLR 1096 (1993)
District court fails to find federal undertaking in   Federal court denies TRO to stop redevelopment
  Harlem warehouse case, 22 PLR 1024 (2004)             of Chicago’s Maxwell Street, 19 PLR 1184
Federal court denies TRO to stop redevelopment          (2000)
  of Chicago’s Maxwell Street, 19 PLR 1184
  (2000)
                                                      PRIVATE RIGHT OF ACTION
Hough v. Marsh (official determination not re-
                                                      Carson v. Alvord, 1 PLR 3076 (1982)
  quired), 2 PLR 3025 (1983)
                                                      Federal court upholds action to compel Oakland
                                                        to comply with Section 106, 11 PLR 1147
NONCOMPLIANCE

22 PLR 2082                    Preservation Law Reporter                                  Master Index
   (1992)                                                to comply with Section 106, 11 PLR 1147
Federal district court dismisses Section 106             (1992)
   lawsuit against City of Columbus; allows an-       Federal district court dismisses Section 106
   ticipatory demolition lawsuit to proceed              lawsuit against City of Columbus; allows an-
   against FHWA, 17 PLR 1030 (1998)                      ticipatory demolition lawsuit to proceed
Federal district court rules it lacks authority to       against FHWA, 17 PLR 1030 (1998)
   compel U.S. Army to further maintain historic      First Circuit dismisses lawsuit challenging
   buildings under NHPA, 15 PLR 1200 (1996)              FAA’s compliance with federal preservation
Federal judge enjoins state and local officials          laws in approving additional commercial air-
   from receiving federal funds for Indiana              line flights from Hanscom Field, 20 PLR 1194
   highway project, 22 PLR 1020 (2004)                   (2001)
Fifth Circuit, in third ruling in Vieux Carre case,   Fourth Circuit rules adjacent property owners
   rules Army Corps not required to comply with          have standing to enforce Section 106, 20 PLR
   NHPA, 14 PLR 1007 (1995)                              1188 (2001)
Vieux Carre Property Owners v. Brown (Fifth           Inter-Tribal Council of Nevada, Inc. v. Hodel
   circuit creates Section 106 exemption for "in-        (Indian Council lacks standing to challenge
   consequential" licensing activities and holds         Department of Interior sale of Indian school
   NHPA does not give rise to private cause of           listed on National Register), 7 PLR 2050
   action against non-agency defendants), 8 PLR          (1988)
   3031 (1989)                                        Lighthouse conveyed under National Historic
PROGRAMMATIC AGREEMENTS                                  Lighthouse Act reverts to U.S. Coast Guard,
Advisory Council on Historic Preservation estab-         22 PLR 1026 (2004)
   lishes telecommunications working group, 19        Ninth Circuit gives National Park Service green
   PLR 1043 (2000)                                       light on Presidio clubhouse project, 17 PLR
Court declines to enjoin permit issued prior to          1206 1998)
   completion of section 106 review process, 9        Tyler v. Cisneros overturned on appeal; MOA
   PLR 1081 (1990)                                       remains binding after transfer of HUD funds,
District court rules Forest Service satisfied Sec-       17 PLR 1024 (1998)
   tion 106 in permitting log hauling in area sig-
   nificant to Native Americans, 13 PLR 1025          STATE/LOCAL DELEGATED REVIEWS
   (1994)                                             D.C. Circuit rules Section 106 does not apply to
Federal district court rules U.S. Coast Guard            federally-delegated state permits, 21 PLR
   satisfied NEPA and NHPA in deciding to                1188 (2002-3)
   close operations on Governors Island, 16 PLR       Historic preservation reviews may delay release
   1191 (1997)                                           of Community Development Block Grant
Forest service agrees to take specific actions to        funds, 2 PLR 1007 (1983)
   fulfill NHPA responsibilities in Southwest, 5      Preservation Coalition v. Pierce (delegation to
   PLR 1043 (1986)                                       grant recipient), 1 PLR 3044 (1982)
Lease and exchange of historic properties by the      Tyler v. Cisneros overturned on appeal; MOA
   National Park Service (§ 111 and program-             remains binding after transfer of HUD funds,
   matic agreement) 1 PLR 1043 (1982)                    17 PLR 1024 (1998)
U.S. district court upholds Congress Hall Hotel       U.S. District Court invalidates federal surface
   project under NEPA and NHPA, 19 PLR 1195              mining regulations, 10 PLR 1151 (1991)
   (2000)
                                                      STATUTE OF LIMITATIONS
SEGMENTATION                                          D.C. Circuit rules Section 106 does not apply to
Concerned Citizens for the Preservation of His-         federally-delegated state permits, 21 PLR
   toric Commercial Scranton, Inc. v. City of           1188 (2002-3)
   Scranton (U.S. district court denies prelimi-      Federal court denies TRO to stop redevelopment
   nary injunctive relief pending completion of         of Chicago’s Maxwell Street, 19 PLR 1184
   historic and environmental reviews), 7 PLR           (2000)
   2020 (1988)                                        Federal court upholds action to compel Oakland
State and federal courts address wide range of          to comply with Section 106, 11 PLR 1147
   preservation issues (Cleveland Huletts), 20          (1992)
   PLR 1104 (2001)                                    Federal district court declines to enjoin demoli-
                                                        tion of historic Lake Placid Club, 12 PLR
STANDING                                                1019 (1993)
Challenges to BLM’s compliance with federal           Federal district court dismisses Section 106
  preservation laws produce mixed results, 22           lawsuit against City of Columbus; allows an-
  PLR 1019 (2004)                                       ticipatory demolition lawsuit to proceed
Federal court upholds action to compel Oakland          against FHWA, 17 PLR 1030 (1998)

Master Index                   Preservation Law Reporter                                 22 PLR 2083
NHPA and NEPA claims dismissed in California         Forest Service agrees to take specific actions to
  lawsuit; Court rules claims "cut off" when            fulfill NHPA responsibilities in Southwest, 5
  federal agency releases funds, 16 PLR 1027            PLR 1043 (1986)
  (1997)                                             Nashville group files suit to save National His-
Tyler v. Cisneros overturned on appeal; MOA             toric Landmark, 2 PLR 1025 (1983)
  remains binding after transfer of HUD funds,       National Historic Landmark protection (Section
  17 PLR 1024 (1998)                                    110(f)), 1 PLR 1050 (1982)
                                                     National Park Service regulations establish pro-
TERMINATION OF PROCESS                                  cedures for agencies to waive section 110 re-
District court rules Army Corps of Engineers            sponsibilities during national emergencies, 4
  satisfied National Historic Preservation Act,         PLR 1079 (1985)
  11 PLR 1124 (1992)                                 Preservation groups and state of New Mexico
National Trust for Historic Preservation v. U.S.        file suit against U.S. Forest Service to enforce
  Army Corps of Engineers (§ 106 compliance),           compliance with federal preservation laws, 4
  1 PLR 3001 (1983)                                     PLR 1047 (1985)
Third Circuit orders Surface Transportation          Secretary of the Interior issues new section 110
  Board to comply with Section 106, 20 PLR              guidelines, 17 PLR 1238 1998)
  1162 (2001)                                        Section 110 guidelines issued, 7 PLR 1017
                                                        (1988)
TIMELINESS (See DEFERRAL/TIMING)                     U.S. Coast Guard directed to comply with federal
                                                        preservation laws before replacing lens in his-
TRADITIONAL CULTURAL PROPERTIES                         toric lighthouse, 9 PLR 1091 (1990)
Challenges to BLM’s compliance with federal          U.S. district court upholds Congress Hall Hotel
  preservation laws produce mixed results, 22           project under NEPA and NHPA, 19 PLR 1195
  PLR 1019 (2004)                                       (2000)
New Mexico Navajo Ranchers Ass’n v. Interstate       Vieux Carre Property Owners v. Pierce, 1 PLR
  Commerce Comm’n (D.C. circuit finds Inter-            3095 (1982)
  state Commerce Commission's decision to
  permit construction of railroad in Navajo          NATIONAL HISTORIC PRESERVATION
  lands is consistent with Section 106), 7 PLR       ACT, SECTION 111
  2015 (1988)                                        Lease and exchange of historic properties by the
Northwest Indian Cemetery Protective Ass’n v.          National Park Service (§ 111 and program-
  Peterson, 2 PLR 3057 (1983)                          matic agreement) 1 PLR 1043 (1982)
Tenth Circuit rules Forest Service violated          National Park Service begins leasing historic
  NHPA in approving visitor management pro-            properties, 4 PLR 1029 (1985)
  gram in Las Huertas Canyon, 14 PLR 1185
  (1995)                                             NATIONAL MONUMENTS
Wilson v. Block, 2 PLR 3057 (1983)                   U.S. Government efforts to accommodate reli-
                                                       gious exercise of Native Americans withstand
NATIONAL HISTORIC PRESERVATION                         establishment clause claims, 22 PLR 1003
ACT, SECTION 110                                       (2004)
Coalition Against a Raised Expressway, Inc.
   (CARE) v. Dole (Mobile, Ala. federal court        NATIONAL OCEANOGRAPHIC AND
   applies constructive use doctrine under section   ATMOSPHERIC ADMINISTRATION
   4(f) to stop elevated downtown waterfront         Court holds federal agency’s denial of approval
   highway), 5 PLR 3030 (1986)                         to photograph USS Monitor is not subject to
District court rules Army Corps of Engineers           Advisory Council review, 7 PLR 2028 (1988)
   satisfied National Historic Preservation Act,
   11 PLR 1124 (1992)                                NATIONAL PARK SERVICE (See
Federal appeals court declines to hold U.S. Army     DEPARTMENT OF INTERIOR, U.S.)
   responsible for demolition by neglect, 18 PLR
   1214 (1999)                                       NATIONAL PARK SERVICE ORGANIC
Federal district court rules it lacks authority to   ACT
   compel U.S. Army to further maintain historic     Decision in Brief: Davis v. Latschar, 18 PLR
   buildings under NHPA, 15 PLR 1200 (1996)            1216 (1999)
Federal protection of National Historic Land-
   marks litigated (§ 110(f)), 2 PLR 1001 (1983)     NATIONAL REGISTER OF HISTORIC
Fifth Circuit finds lawsuit to compel compliance     PLACES (See also NATIONAL HISTORIC
   with NHPA for Vieux Carre aquarium project        PRESERVATION ACT)
   is not moot despite completion of construc-       ARTICLE: Burton S. Kliman, “National Register
   tion, 11 PLR 1055 (1992)                            of Historic Places 1982,” 1 PLR 2023 (1982)

22 PLR 2084                   Preservation Law Reporter                                  Master Index
Availability of cumulative listing of properties        Listings on Privately-Owned Property, 18
   included in the National Register, 3 PLR 1028        PLR 1129 (1999)
   (1984)                                             National Register listing challenged on constitu-
National Register reopened, 1 PLR 1014 (1982)           tional and administrative grounds, 16 PLR
Profile of the National Register of Historic            1180 (1997)
   Places available from National Trust’s Preser-
   vation Policy Research Series, PLR 1054            LISTING, PROCEDURES FOR
   (1985)                                             Due process requires, 1 PLR 1004 (1982)
Protection of nationally significant historic sites   National Register procedures revised, 3 PLR
   under federal law, 4 PLR 2010 (1985)                 1006 (1984)
Status of National Park Service Cultural Re-          National Register reopened (interim rules
   source Program regulations, 3 PLR 1051               adopted), 1 PLR 1014 (1982)
   (1984)                                             New National Register regulations expected, 1
                                                        PLR 1003 (1982)
APPLICATION FOR LISTING
Multnomah County v. Talbot (tax certification),
  1 PLR 3091 (1982)                                   NATIONAL HISTORIC LANDMARKS
                                                      Coalition Against a Raised Expressway, Inc.
DEMOLITION OF PROPERTIES LISTED IN                       (CARE) v. Dole (Mobile, Ala. federal court
NATIONAL REGISTER                                        applies constructive use doctrine under section
ARTICLE: Gregory E. Andrews, “State Legisla-             4(f) to stop elevated downtown waterfront
  tive Initiatives: Connecticut,” 1 PLR 2071             highway), 5 PLR 3030 (1986)
  (1982)                                              Court reinstates historic listing under congres-
ARTICLE: Nancy C. Shanahan, “State Legisla-              sional mandate (landmark designation of
  tive Task Forces in the West,” 1 PLR 2061              Green springs historic district), 1 PLR 1004
  (1982)                                                 (1982)
                                                      Development agreement protects Waterford,
EFFECT OF FEDERAL UNDERTAKING ON                         Virginia National Historic Landmark, 7 PLR
PROPERTIES LISTED OR ELIGIBLE FOR                        1025 (1988)
LISTING                                               Federal protection of National Historic Land-
Neighborhood Dev. Corp. v. Advisory Council              marks litigated (§ 110(f)), 2 PLR 1001 (1983)
   on Historic Preservation (standing to chal-        Nashville group files suit to save National His-
   lenge demolition of eligible properties), 1           toric Landmark, 2 PLR 1025 (1983)
   PLR 3008 (1982)                                    National Historic Landmark protection (Section
Stay lifted by Supreme Court; Two Broadway               110(f)), 1 PLR 1050 (1982)
   theaters demolished (MOA), 1 PLR 1034              Protection of national historic landmarks under
   (1982)                                                federal law, 4 PLR 2010 (1985)
                                                      Status of National Park Service Cultural Re-
LISTING, CHALLENGES TO                                   source Program regulations, 3 PLR 1051
Buffalo lawsuit appeals failure to nominate              (1984)
  buildings, 1 PLR 1006 (1982)                        U.S. Coast Guard directed to comply with federal
Congressionally designated landmarks, 1 PLR              preservation laws before replacing lens in his-
  1004 (1982)                                            toric lighthouse, 9 PLR 1091 (1990)
Kyo-ya Co., Ltd. v. Hawaii Historic Places Re-        U.S. Government efforts to accommodate reli-
  view Board (historic register listing), 1 PLR          gious exercise of Native Americans withstand
  3012 (1982)                                            establishment clause claims, 22 PLR 1003
National Park Service finds last-minute creation         (2004)
  of multiple ownership of property insufficient
  to undermine previous National Register list-       REMOVAL FROM REGISTER
  ing, 2 PLR 1051 (1983)                              Removal from Register, 1PLR 3066 (1982)
New York trial court upholds SHPO decision not        Second Circuit upholds denial of application to
  to nominate bridge for National Register list-        de-list Coleman Station Historic District, 18
  ing but annuls New York DOT decision to re-           PLR 1125 (1999)
  place bridge, 10 PLR 1051 (1991)
Pennsylvania court rejects challenge to state         NATIONAL TRAILS SYSTEM ACT
  national register nomination, 12 PLR 1105           Claims Court rejects takings claim under "Rails-
  (1993)                                                to-Trails" statute, 11 PLR 1186 (1992)
White v. Shull, 1 PLR 3066 (1982)                     Connecticut Trust for Historic Preservation v.
                                                        Interstate Commerce Comm’n (Second circuit
LISTING, IMPACT OF                                      upholds ICC’s decision to allow abandonment
LAW SUMMARY: Impact of National Register                of the Historic Farmington Canal Branch of

Master Index                   Preservation Law Reporter                                  22 PLR 2085
    the Boston & Maine Railroad), 7 PLR 2017             National Trust sponsors first state preservation
    (1988)                                                  legislation conference, 4 PLR 1069 (1985)
Crosby v. United States (U.S. district court up-         National Trust to develop model to assess na-
    holds relocation of national scenic trail near          tional impacts of rehabilitation tax credit, 3
    historic Shaker settlement), 6 PLR 3028                 PLR 1014 (1984)
    (1987)                                               National Trust to issue report on state tax incen-
Federal appeals court panel rules rails-to-trail            tives for historic preservation, 4 PLR 1086
    law did not "take" property interest of adja-           (1985)
    cent landowners, 14 PLR 1205 (1995)                  New titles available from Preservation Policy
Federal circuit rules property interest taken by            Research Series, 4 PLR 1054 (1985)
    creation of hiker/biker trail under National         Preservation policy research (Preservation and
    Trail Systems Act, 15 PLR 1194 (1996)                   research impact estimator), 3 PLR 1041
Historic trails added to National Trails System, 2          (1984)
    PLR 1018 (1983)                                      Saving Place: A Guide and Report Card for
Illinois Commerce Comm’n v. Interstate Com-                 Protecting Community Character and self di-
    merce Comm’n (D.C. circuit upholds Inter-               agnostic checklists for seven New England
    state Commerce Commission's regulations es-             States, 10 PLR 1203 (1991)
    tablishing class exemption for abandonment
    of rail lines), 7 PLR 2012 (1988)                    NATIVE AMERICAN GRAVE
Preseault v. Interstate Commerce Commission              PROTECTION AND REPATRIATION
    (Federal "railbanking" law does not effect tak-      ACT (See also AMERICAN INDIAN
    ing of reversionary interest in rail corridors), 7   RELIGIOUS FREEDOM ACT)
    PLR 2004 (1988)                                      Department of Interior issues final rules imple-
U.S. District Court upholds relocation of national         menting NAGPRA, 15 PLR 1047 (1996)
    scenic trail near historic Shaker settlement, 6      Federal district court upholds NAGPRA convic-
    PLR 3028 (1987)                                        tion, 16 PLR 1033 (1997)
U.S. Supreme Court rejects claim that federal            Kennewick Man decision affirmed on appeal, 21
    "railbanking" law violates takings clause of           PLR 1226 (2002-3)
    fifth amendment, 9 PLR 1027 (1990)                   Protecting Native American Historic Places
                                                           under Federal Law, 21 PLR 1043 (2002-3)
NATIONAL TRUST FOR HISTORIC                              Recent legislative developments (NAGPRA
PRESERVATION                                               enacted), 9 PLR 1133 (1990)
ARTICLE: Kate M. Perry, “The National His-               Tenth Circuit upholds NAGPRA conviction in
  toric Preservation Forum Evaluates the Na-               Corrow case, 16 PLR 1203 (1997)
  tion’s Preservation Program,” 6 PLR 1047               U.S. District Court remands NAGPRA contro-
  (1987)                                                   versy to Army Corps of Engineers in "Ken-
Administration’s 1985 budget recommends zero               newick Man" case, 16 PLR 1209 (1997)
  funding for states and National Trust, 3 PLR
  1014 (1984)                                            NATIVE AMERICAN SITES (See also
Easement valuation guidelines published, 3 PLR           AMERICAN INDIAN RELIGIOUS
  1063 (1984)                                            FREEDOM ACT; FIRST AMENDMENT;
Legislative Information Hotline established, 8           NATIONAL HISTORIC PRESERVATION
  PLR 1006 (1989)                                        ACT; NATIVE AMERICAN GRAVE
NPS and National Trust issue new guidance on             PROTECTION AND REPRATRIATION ACT
  historic preservation and affordable housing,          and STATE HISTORIC PRESERVATION
  14 PLR 1062 (1995)                                     ACTS)
National Trust and APA issue joint report on             California court orders return of metate frag-
  historic preservation plans, 13 PLR 1078                 ments under state Native American burial
  (1994)                                                   statute, 9 PLR 1138 (1990)
National Trust annual preservation conference            Challenges to BLM’s compliance with federal
  materials available, 4 PLR 1017 (1984)                   preservation laws produce mixed results, 22
National Trust publishes "A Layperson's Guide              PLR 1019 (2004)
  to Historic Preservation Law," 16 PLR 1108             Chilkat Indian Village v. Johnson (Indian tribe
  (1997)                                                   does not have private cause of action under
National Trust publishes Dollars & Sense of                federal statute prohibiting theft of Indian arti-
  Historic Preservation, 16 PLR 1228 (1997)                facts), 8 PLR 3034 (1989)
National Trust publishes new book on state               Colorado River Indian Tribes v. Marsh (federal
  preservation programs, 16 PLR 1047 (1997)                Court holds that federal agencies may not
National Trust releases new publications on                avoid considering indirect impact of proposed
  preservation in America's downtowns and re-              projects on sites potentially eligible for Na-
  volving funds, 10 PLR 1074 (1991)                        tional Register), 4 PLR 3047 (1985)

22 PLR 2086                      Preservation Law Reporter                                   Master Index
Decision in Brief: Hopi Tribe v. Federal High-           lands within a national forest), 5 PLR 3052
   way Administration, 18 PLR 1050 (1999)                (1986)
Decision in Brief: Morongo Band of Mission            Northwest Indian Cemetery Protective Ass’n v.
   Indians v. Federal Aviation Administration,           Peterson (Ninth circuit bans logging on Indian
   18 PLR 1050 (1999)                                    sacred land within national forest), 5 PLR
District court rules Forest Service satisfied Sec-       3010(1986)
   tion 106 in permitting log hauling in area sig-    Order directing Island County, Washington to
   nificant to Native Americans, 13 PLR 1025             adopt procedures to protect cultural sites up-
   (1994)                                                held on appeal, 17 PLR 1226 (1998)
Goleta Valley decision reversed on appeal; resort     Petroglyph National Monument Establishment
   hotel project given green light despite adverse       Act of 1989 (H.R. 745, S. 286), 8 PLR 1003
   archaeological and environmental impacts, 10          (1989)
   PLR 1009 (1991)                                    President Clinton issues executive order direct-
Hawaii Supreme Court rules Native Hawaiians              ing agencies to protect Indian sacred sites on
   retain traditional gathering rights on private        Federal lands, 15 PLR 1165 (1996)
   land, 15 PLR 1065 (1996)                           Protecting Native American Historic Places
Inter-Tribal Council of Nevada, Inc. v. Hodel            under Federal Law, 21 PLR 1043 (2002-3)
   (Indian Council lacks standing to challenge        Recent legislative developments (Petroglyph
   Department of Interior sale of Indian school          National Monument Establishment Act,) 9
   listed on National Register), 7 PLR 2050              PLR 1133 (1990)
   (1988)                                             Tenth Circuit rules Forest Service violated
Iowa Supreme Court rejects takings challenge to          NHPA in approving visitor management pro-
   state law prohibiting destruction of ancient          gram in Las Huertas Canyon, 14 PLR 1185
   burial mounds, 13 PLR 1141 (1994)                     (1995)
Legislative proposals relating to Native Ameri-       U.S. Government efforts to accommodate reli-
   can cultural property, 8 PLR 1003 (1989)              gious exercise of Native Americans withstand
Louisiana court holds burial artifacts belong to         establishment clause claims, 22 PLR 1003
   descendants of Indian tribe, 5 PLR 3045               (2004)
   (1986)                                             Washington enacts laws protecting Indian burial
Lyng v. Northwest Indian Cemetery Protective             sites, 8 PLR 1031 (1989)
   Assn. (U.S. Supreme Court holds that Indian        Washington Supreme Court rules county satis-
   tribes do not have constitutional right to block      fied SEPA in planning landfill project affect-
   federal road construction project near sacred         ing cultural resources, 13 PLR 1031 (1994)
   grounds in national forest), 7 PLR 2001            Wisconsin enacts legislation to protect unmarked
   (1989)                                                human burial sites, 5 PLR 1033 (1986)
Minnesota court dismisses inverse condemnation
   challenge to state human burial remains stat-      NAVY, U.S. DEPARTMENT OF
   ute, 9 PLR 1158 (1990)                             Courts play a critical role in enforcing environ-
New Mexico appeals court rules preservation             mental laws affecting historic resources (Ton-
   groups have standing to enforce state preser-        gass v. Cheney), 9 PLR 1068 (1990)
   vation act, but denies motion for preliminary
   injunction, 13 PLR 1096 (1994)                     NEBRASKA
New Mexico Navajo Ranchers Ass’n v. Interstate        Eminent domain clause in local preservation
   Commerce Comm’n (D.C. circuit finds Inter-           ordinance at issue, 1 PLR 1021 (1982)
   state Commerce Commission's decision to            Nebraska voters authorize property tax incen-
   permit construction of railroad in Navajo            tives for historic resources, 22 PLR 1038
   lands is consistent with Section 106), 7 PLR         (2004)
   2015 (1988)
Nevada enacts statutory provisions protecting         NEVADA
   historic property and Indian remains and arti-     Inter-Tribal Council of Nevada, Inc. v. Hodel
   facts, 8 PLR 1025 (1989)                              (Indian Council lacks standing to challenge
Ninth Circuit enjoins Forest Service land ex-            Department of Interior sale of Indian school
   change affecting traditional cultural property,       listed on National Register), 7 PLR 2050
   18 PLR 1095 (1999)                                    (1988)
Ninth Circuit upholds U.S. Forest Service’s           Motorcycle race affecting California desert ar-
   approval of Alaskan timber sales under                cheological sites subject of lawsuit, 2 PLR
   NHPA, 18 PLR 1140 (1999)                              1060 (1983)
Northwest Indian Cemetery Protective Ass’n v.         Nevada enacts statutory provisions protecting
   Peterson (California Wilderness Act does not          historic property and Indian remains and arti-
   affect Ninth Circuit’s earlier ruling enjoining       facts, 8PLR 1025 (1989)
   logging and roar construction on Indian sacred     Nevada Supreme Court upholds special use

Master Index                   Preservation Law Reporter                                 22 PLR 2087
  permit for historic house, 14 PLR 1211 (1995)          preservation ordinance), 5 PLR 3018 (1986)
New laws in Nevada enact conservation ease-           Indiana and New Jersey release new studies
  ment legislation and provide relief for historic       addressing economic impact of historic pres-
  buildings from strict building code require-           ervation, 16 PLR 1226 (1997)
  ments, 2 PLR 1057 (1983)                            Matlack v. Board of Chosen Freeholders (New
U.S. Supreme Court bolsters Penn Central tak-            Jersey court invalidates delegation by county
  ings test; rejects claim that moratoriums on           commissioners of authority to purchase and
  development may result in per se takings, 21           sell Pinelands development credits), 2 PLR
  PLR 1113 (2002-3)                                      3072 (1983)
                                                      Millburn, New Jersey preservation ordinance
NEW HAMPSHIRE                                            upheld against vagueness challenge, 15 PLR
Absent blight, open space may be condemned               1151 (1996)
   only for uses that provide direct public bene-     Mirzo v. Landmarks Comm’n of Borough of
   fit, 6 PLR 3019 (1986)                                Catskill (lawsuit challenging landmarks ordi-
Actions seeking to enforce easement agreements           nance filed), 3 PLR 3030 (1984)
   upheld in two separate cases, 12 PLR 1183          Morris County Trust for Historic Preservation v.
   (1993)                                                Pierce (ongoing federal involvement in urban
Burrows v. City of Keene, 1 PLR 3037 (open               renewal project implicating NEPA and
   space zoning) (1982)                                  NHPA), 2 PLR 3064 (1983)
Historic preservation legislation enacted in sev-     Morristown Road Associates v. Mayor and
   eral states, 19 PLR 1232 (2000)                       Common Council and Planning Board of Bor-
New Hampshire case invalidating FHWA regula-             ough of Bernardsville (design review stan-
   tions is pending on appeal, 4 PLR 1032                dards held vague), 3 PLR 3020 (1984)
   (1985)                                             New Jersey adopts Highlands Preservation Act,
New Hampshire court upholds boundary change              22 PLR 1038 (2004)
   to historic district, 10 PLR 1059 (1991)           New Jersey appeals court reverses variance for
New Hampshire legislation addresses cemetery             two-story addition to pre-Civil War house, 19
   vandalism, 6 PLR 1025 (1987)                          PLR 1216 (2000)
New Hampshire Supreme Court reverses denial           New Jersey appellate court affirms declaratory
   of special exception for excavation of sand           ruling that historic landmark owners failed to
   and gravel requiring use of non-designated            meet demolition permit requirements in pres-
   historic road, 18 PLR 1044 (1999)                     ervation ordinance, 21 PLR 1137 (2002-3)
Several courts examine scope of preservation          New Jersey appellate court paves way for shop-
   commission’s authority under preservation or-         ping center project in Beattystown Historic
   dinances, 19 PLR 1083 (2000)                          District, 17 PLR 1153 (1998)
States adopt new measures to preserve historic        New Jersey attorney general determines city
   buildings (farm buildings), 20 PLR 1214               lacks enabling authority to establish economic
   (2001)                                                hardship variance procedure, 16 PLR 1121
Town of Belmont v. Dole (First Circuit upholds           (1997)
   FHWA regulation governing treatment of ar-         New Jersey bond issue, 6 PLR 1045 (1987)
   cheological sites) 4 PLR 3043 (1985)               New Jersey court invalidates handicapped access
Town of Belmont v. Dole (Section 4(f)), 3 PLR            rule, 11 PLR 1065 (1992)
   3001 (1984)                                        New Jersey passes enabling legislation, 5 PLR
Town of Chesterfield v. Brooks (state court              1034 (1986)
   invalidates local ordinance restricting place-     New Jersey Supreme Court affirms constitution-
   ment of manufactured housing and suggests             ality of historic property tax exemption, 10
   that community protect its character through          PLR 1138 (1991)
   creation of local historic district), 4 PLR 3024   New Jersey Supreme Court upholds state law
   (1984)                                                protecting environmentally sensitive pinelands
Victorian Realty Group v. City of Nashua (New            area, 10 PLR 1133 (1991)
   Hampshire court upholds denial of application      New State enabling legislation for local preserva-
   for lot line relocation in historic district), 7      tion commissions, 3 PLR 1039 (1984)
   PLR 2042 (1988)                                    Religious protection laws considered on Capitol
                                                         Hill and by several state legislatures, 17 PLR
NEW JERSEY                                               1124 (1998)
Estate of Neuberger v. Township of Middletown         Several states adopt preservation-related laws
  (New Jersey appellate court affirms invalidity         (Georgia, Maryland, Missouri, New Jersey,
  of preservation ordinance), 6 PLR 3015                 North Carolina, Virginia) 16 PLR 1219 (1997)
  (1987)                                              Sindia Expedition, Inc. v. Wrecked & Aban-
Estate of Neuberger v. Township of Middletown            doned Vessel (district court holds New Jersey
  (New Jersey superior court invalidates local           has colorable claim to abandoned shipwreck

22 PLR 2088                    Preservation Law Reporter                                  Master Index
   under Submerged Lands Act), 8 PLR 3048              National Monument Establishment Act,) 9
   (1989)                                              PLR 1133 (1990)
State appeals court upholds constitutionality of    State income tax credit for certified rehabilitation
   New Jersey law granting property tax exemp-         in New Mexico, 3 PLR 1028 (1984)
   tion , 9 PLR 1127 (1990)                         State of New Mexico and preservation groups
States adopt new measures to preserve historic         file suit against U.S. Forest Service to enforce
   buildings (planning), 20 PLR 1218 (2001)            compliance with federal preservation laws, 4
States considering new enabling legislation for        PLR 1047 (1985)
   local preservation commissions, 4 PLR 1034       Tenth Circuit rules Forest Service violated
   (1985)                                              NHPA in approving visitor management pro-
Supreme Court rules New York and New Jersey            gram in Las Huertas Canyon, 14 PLR 1185
   to share Ellis Island, 17 PLR 1085 (1998)           (1995)
U.S. District Court upholds Congress Hall Hotel     Tenth Circuit upholds denial of preliminary
   project under NEPA and NHPA, 19 PLR 1195            injunction in New Mexico highway expansion
   (2000)                                              case, 22 PLR 1021 (2004)
Village of Ridgewood v. Bolger Foundation (real     Three more states adopt RFRAs, 19 PLR 1123
   estate assessment may be reduced where a            (2000)
   conservation easement has been granted in        Wyoming, New Mexico, and Virginia enact new
   perpetuity to a qualified easement), 5 PLR          preservation legislation, 5 PLR 1055 (1986)
   3062 (1986)

NEW MEXICO                                          NEW YORK
City of Santa Fe v. Armijo (enforceability of       Agency decision to fund nursing home project
   local ordinance against state), 1 PLR 3061         upheld against historic preservation claims, 16
   (1982)                                             PLR 1141 (1997)
Efforts to enjoin Albuquerque bridge construc-      Anderberg v. New York Dept. of Environmental
   tion project unsuccessful; federal and state       Conservation (full environmental review un-
   preservation laws held not to apply, 10 PLR        der state environmental quality act is not re-
   1004 (1991)                                        quired to replace rustic bridge adjacent to na-
Federal district court upholds NAGPRA convic-         tional historic landmark), 7 PLR 2026 (1988)
   tion, 16 PLR 1033 (1997)                         Appellate court affirms New York City’s refusal
Gains and losses in New Mexico (legislation), 2       to permit use of Grand Central TDRs for 74-
   PLR 1033 (1983)                                    Story Building, 13 PLR 1063 (1994)
Historic preservation legislation enacted in sev-   Appellate Division orders town to provide prop-
   eral states, 19 PLR 1232 (2000)                    erty tax exemption for New York land trust,
Horse removal from national monument chal-            16 PLR 1161 (1997)
   lenged under NEPA and National Park Ser-         Application of Levine (window replacement), 2
   vice Act, 2 PLR 3055 (1983)                        PLR 3038 (1983)
New Mexico adopts "Prehistoric and Historic         Application of Viek v. Board of Trustees (busi-
   Preservation Act", 8 PLR 1025 (1989)               ness uses in residential historic district), 2
New Mexico appeals court rules preservation           PLR 3036 (1983)
   groups have standing to enforce state preser-    ARTICLE: Patricia A. Xeller, “The Impact of the
   vation act, but denies motion for preliminary      First Amendment on the Preservation of Reli-
   injunction, 13 PLR 1096 (1994)                     gious Structures,” (New York City) 3 PLR
New Mexico court reverses grant of variance for       2005 (1984)
   historic house, 9 PLR 1003 (1990)                Atlanta and Rochester successfully defend
New Mexico court upholds application of height        against "takings" claims for denying demoli-
   amendment to property located in Santa Fe          tion permits (Lubelle v. City of Rochester), 9
   historic district, 14 PLR 1108 (1995)              PLR 1013 (1990)
New Mexico Navajo Ranchers Ass’n v. Interstate      Attorneys’ fees awarded in second preservation
   Commerce Comm’n (D.C. circuit finds Inter-         case, 2 PLR 1043 (1983)
   state Commerce Commission's decision to          Buffalo trial court rules that utility company
   permit construction of railroad in Navajo          must obtain certificate of appropriateness
   lands is consistent with Section 106), 7 PLR       prior to installing gas meters, 22 PLR 1015
   2015 (1988)                                        (2004)
New state legislation provides tax benefits for     Church of St. Paul & St. Andrew v. Barwick
   historic preservation, 9 PLR 1086 (July 1990)      (First Amendment challenge to New York
Petroglyph National Monument Establishment            City landmark ordinance dismissed on ripe-
   Act of 1989 (H.R. 745, S. 286), 8 PLR 1003         ness grounds), 5 PLR 3017 (1986)
   (1989)                                           Church of St. Paul & St. Andrew v. Barwick
Recent legislative developments (Petroglyph           (trial court refuses to permit church to press

Master Index                  Preservation Law Reporter                                  22 PLR 2089
   hardship attack on landmarking of religious           (1983)
   property before pursuing available administra-     Friends of the Shawangunks, Inc. v. Clark
   tive remedies), 3 PLR 3052 (1984)                     (amendment of conservation easement to per-
Citizens for the Preservation of Windsor Terrace         mit golf course on undeveloped land held a
   v. Smith (court permits condominium to be             “conversion” under Land and Water Conser-
   built across street from registered building), 6      vation Fund Act, requiring approval by Secre-
   PLR 3017 (1987)                                       tary of the Interior), 4 PLR 3061 (1985)
Committee to Save the Beacon Theater v. City of       Friends of the Shawangunks, Inc. v. Clark
   New York (appellate court upholds New York            (change in use of land subject to conservation
   City's Landmarks Preservation Commission's            easement held not a “conversion” under Land
   conditional approval to alter interior of Broad-      and Water Conservation Fund Act because
   way theater), 8 PLR 3057 (1989)                       public previously lacked access to land sub-
Court decision that easement failed to reduce            ject to easement), 4 PLR 3028 (1985)
   value of taxable land upheld, 3 PLR 1036           Historic district property owners have standing to
   (1984)                                                challenge demolition, 14 PLR 1252 (1995)
Courts address requests for attorneys’ fees under     Historic district zoning challenged in New York
   Supreme Court’s Buckhannon standard, 22               State (John Jay home), 3 PLR 1008 (1984)
   PLR 1025 (2004)                                    Historic preservation and zoning laws working in
Decision to remove Central Park bandshell is             tandem, 19 PLR 1093 (2000)
   subject to SEQRA and full landmarks com-           Home equity provides source of new financing
   mission review, 12 PLR 1054 (1993)                    for housing rehabilitation by the elderly, 3
Demolition of historic theaters not a violation of       PLR 1020 (1984)
   federal or state laws, 2 PLR 3015 (1983)           Improved Dwelling Co. v. Flannery (Civil court
Designation of Broadway theaters affirmed on             requires tenants to allow landlord access to in-
   appeal, 10 PLR 1077 (1991)                            stall new windows in premises designated as
Designation of New York's Broadway theatres              landmark and subject to affirmative mainte-
   upheld against major constitutional challenge,        nance requirement), 6 PLR 3044 (1987)
   9 PLR 1006 (1990)                                  Interior landmark designations in New York
Development rights transfers helping justify high        City, 1 PLR 1033 (1982)
   land acquisition costs in New York City, 4         Ithaca commission’s denial of Cornell Univer-
   PLR 1038 (1985)                                       sity’s parking lot request reversed, 22 PLR
DGM Partners-Rye v. Board of Architectural               1014 (2004)
   Review (New York courts uphold historic            Kennedy v. Planning Bd. of Tarrytown (New
   designation and demolition denial for Alan-           York trial court requires owner of historic
   sten, Jay Family Estate, in Rye, New York), 8         building to remove incompatible addition), 8
   PLR 3060 (1989)                                       PLR 3063 (1989)
District court fails to find federal undertaking in   Landmark churches raise constitutional issues
   Harlem warehouse case, 22 PLR 1024 (2004)             (exemption sought), 2 PLR 1061 (1983)
Ebert v. New York State Office of Parks, Recrea-      Landmark Society of Western New York, In re
   tion, and Historic Preservation (New York             (property maintenance under testamentary
   court rules state agency exempt from local            trust), 1 PLR 3061 (1982)
   preservation ordinance), 5 PLR 3038 (1986)         Local incentives for rehabilitation (Dallas and
Environmental Quality Bond Act approved in               New York), 1 PLR 1049 (1982)
   New York, 5 PLR 1044 (1986)                        Lubelle v. City of Rochester (New York court
Federal court finds planning board violated Tele-        upholds city's use of condemnation powers to
   communications Act by denying permit to in-           preserve historic landmark and adjacent va-
   stall antennas on Main Street building, 22            cant lots), 8 PLR 3023 (1989)
   PLR 1026 (2004)                                    Lubelle v. Rochester Preservation Board (New
Federal district court declines to enjoin demoli-        York supreme court rejects takings claim
   tion of historic Lake Placid Club, 12 PLR             based on denial of permission to demolish his-
   1019 (1993)                                           toric structure), 7 PLR 2008 (1988)
Federal district court rules U.S. Coast Guard         Matter of Parkview Assocs. v. City of New York
   satisfied NEPA and NHPA in deciding to                (New York court of appeals orders developer
   close operations on Governors Island, 16 PLR          to tear down top twelve stories of building
   1191 (1997)                                           constructed in violation of zoning laws), 7
Federal district court upholds action challenging        PLR 2036 (1988)
   adequacy of environmental impact statement         National Register listing challenged on constitu-
   for Atlantic Terminal Project, 7 PLR 2029             tional and administrative grounds, 16 PLR
   (1988)                                                1180 (1997)
Fill the Pool Committee v. Village of Johnson         New publication on property taxation of land-
   City (NEPA, NHPA, SEQRA), 2 PLR 3049                  marks, 2 PLR 1009 (1983)

22 PLR 2090                    Preservation Law Reporter                                  Master Index
New York adopts conservation easement legisla-         two preservation cases, 21 PLR 1204 (2002-3)
  tion, 3 PLR 1029 (1984)                            New York court upholds city's use of condemna-
New York affirms order compelling issuance of          tion powers to preserve historic landmark and
  permit to move landmark building, 7 PLR              adjacent vacant lots, 8 PLR 3018 (1989)
  2040 (1988)                                        New York courts address planning boards' ac-
New York and Pennsylvania adopt legislation            tions affecting historic property under
  governing the transfer of development rights,        SEQRA, 11 PLR 1075 (1992)
  8 PLR 1026 (1989)                                  New York courts invalidate historic designations
New York and Washington state courts uphold            for “insufficient findings,” 22 PLR 1012
  use of eminent domain laws for historic pres-        (2004)
  ervation purposes, 22 PLR 1016 (2004)              New York Environmental Quality Act ruled
New York appeals court rules agency satisfied          inapplicable to building inspector's issuance
  SEQRA in addressing impact of mining op-             of demolition permit, 9 PLR 1084 (1990)
  eration on archaeological resources, 16 PLR        New York Landmarks Commission’s denial of
  1096 (1997)                                          certificate of appropriateness for school addi-
New York appeals court strikes down city law           tion project upheld over procedural objec-
  limiting use in Schenectady historic district to     tions, 22 PLR 1014 (2004)
  single-family homes, 16 PLR 1087 (1997)            New York lawsuit forces transfer of historic
New York appeals court upholds agency's issu-          properties to national recreation area, 3 PLR
  ance of permit to construct RV campground            1018 (1984)
  on historic property, 15 PLR 1032 (1996)           New York state law does not authorize munici-
New York appeals court upholds conditioning            pality to regulate ownership of historic site, 6
  issuance of demolition permit on approval of         PLR 3020 (1987)
  new construction plans, 9 PLR 1094 (1990)          New York Supreme Court directs Department of
New York appellate court reverses lower court,         Environmental conservation to publish notice
  upholds Buffalo Common Council designa-              of landfill application completeness, 6 PLR
  tion of former rectory, 15 PLR 1015 (1996)           3039 (1987)
New York appellate court rules County cannot         New York Supreme Court upholds New York
  “unilaterally” authorize emergency demolition        City's refusal to permit TDRs from Grand
  of historic building, 20 PLR 1155 (2001)             Central Terminal to be used to construct 74-
New York appellate court upholds Albany build-         story building, 10 PLR 1127 (1991)
  ing commissioner's order to demolish historic      New York trial court affirms city's denial of
  buildings on public safety grounds, 14 PLR           request to subdivide property in historic dis-
  1112 (1995)                                          trict, 7 PLR 2048 (1988)
New York authorizes state urban cultural parks,      New York trial court clarifies relationship be-
  2 PLR 1008 (1983)                                    tween preservation and zoning authority, 18
New York cases address validity of landmark            PLR 1075 (1999)
  designations, 10 PLR 1149 (1991)                   New York trial court invalidates preservation
New York City sues developer and demolition            ordinance (7 PLR 2048 (1988)
  contractor for demolition without permits, 4       New York trial court requires full environmental
  PLR 1031 (1985)                                      impact determination for installation of traffic
New York committee to issue report on admini-          signal in historic district, 12 PLR 1051 (1993)
  stration of landmarks law, 4 PLR 1051 (1985)       New York trial court reverses denial of permit to
New York court affirms interior designation of         install vinyl siding on house located in Coo-
  Four Seasons Restaurant, 11 PLR 1115 (1992)          perstown Historic District, 10 PLR 1062
New York court characterizes designation of            (1991)
  historic resources as "administrative", 11 PLR     New York trial court upholds SHPO decision not
  1096 (1992)                                          to nominate bridge for National Register list-
New York court directs issuance of variance for        ing but annuls New York DOT decision to re-
  off-street parking requirement in historic           place bridge, 10 PLR 1051 (1991)
  church conversion project, 10 PLR 1055             New York's highest court upholds interior desig-
  (1991)                                               nation of Four Seasons Restaurant, 12 PLR
New York court reverses planning board's denial        1145 (1993)
  of site plan approval to construct five radio      New York’s Westway halted, 4 PLR 1104 (1985)
  transmission towers near Roosevelt home, 10        Omabuild N.V. v. Board of Estimate of City of
  PLR 1098 (1991)                                      New York (designation upheld, 3 PLR 3005
New York Court of Appeals declares educational         (1984)
  and religious uses may not be excluded alto-       1025 Fifth Avenue, Inc. v. Marymount School of
  gether in residential historic districts, 17 PLR     New York (hardship approval allowing build-
  1009 (1998)                                          ing alteration), 3 PLR 3014 (1984)
New York Court of Appeals declines to review         Portman Hotel project, challenge to Advisory

Master Index                  Preservation Law Reporter                                  22 PLR 2091
   Council memorandum of agreement, 1 PLR                 (1986)
   1011, 1034 (1982)                                   Society for Ethical Culture v. Spatt, 1 PLR 3005
Property owner may appeal preservation com-               (1982)
   mission decision directly to court, 7 PLR 2049      Some thoughts on using model ordinances, 9
   (1988)                                                 PLR 1048 (1990)
Proskin v. Donovan (New York court affirms             Stand Together Against Neighborhood Decay,
   order to remove granite facade on historically         Inc. v. Board of Estimate (U.S. district court
   significant house), 8 PLR 3059 (1989)                  denies preliminary injunctive relief to prevent
Protection for works of art attached to buildings,        condemnation of property in downtown
   1 PLR 1045 (1982)                                      Brooklyn, holding that condemnation is not
Rector, Wardens & Members of the Vestry of St.            irreparable), 7 PLR 2022 (1988)
   Bartholomew’s Church v. City of New York            State preservation law summaries, 2 PLR 1029
   (federal district court holds application of           (1983)
   landmark law to church does not violate first       State RFRA placed on hold in New York, 16
   amendment or result in taking of property              PLR 1167 (1997)
   without compensation), 8 PLR 3001 (1989)            Stay lifted by Supreme Court; Two Broadway
Religious protection laws considered on Capitol           theaters demolished, 1 PLR 1034
   Hill and by several state legislatures, 17 PLR      Study shows substantial historic rehabilitation
   1124 (1998)                                            activity in New York, 3 PLR 1005 (1984)
Rudey v. Landmarks Preservation Comm’n                 Supreme Court rules New York and New Jersey
   (shareholders of cooperative building have             to share Ellis Island, 17 PLR 1085 (1998)
   standing to challenge decision requiring resto-     Takings challenges rejected in New York and
   ration of apartment's wooden windows), 7               Illinois, 22 PLR 1008 (2004)
   PLR 2055 (1988)                                     The Committee to Save Mount Neboh v. New
St. Bartholomew’s new horizons (demolition                York City Landmarks Preservation Commis-
   application filed), 3 PLR 1021 (1984)                  sion and 78th Street Mt. Neboh Preservation
St. Bartholomew’s submits plan for skyscraper, 1          Committee v. McCough (New York trial
   PLR 1039 (1982)                                        courts uphold approval by Landmarks Preser-
Salvatore v. Schenectady (New York court up-              vation Commission of demolition permit for
   holds constitutionality of historic preservation       designated landmark), 2 PLR 3077 (1983)
   provisions but requires strict adherence to         Trial court upholds interior designation of Four
   time limits for commission review), 7 PLR              Seasons Restaurant by New York City preser-
   2043 (1988)                                            vation commission, 9 PLR 1117 (1990)
Seawall Assocs. v. City of New York (New York          U.S. Supreme Court denies review of unsuccess-
   court finds single room occupancy housing              ful takings challenge to landmarking of 22
   law an unconstitutional "taking"), 8 PLR 3018          Broadway theaters, high court declines invita-
   (1989)                                                 tion to overturn Penn Central, 11 PLR 1071
Second Circuit affirms St. Bart's decision: appli-        (1992)
   cation of landmark laws to church-owned             U.S. Supreme Court resolves two religious prop-
   structure upheld under first and fifth amend-          erty cases in favor of local preservation pro-
   ments, 9 PLR 1103 (1990)                               tections: First Covenant decision vacated and
Second Circuit upholds denial of application to           remanded; court denies certiorari in St. Bar-
   de-list Coleman Station Historic District, 18          tholomew's, 10 PLR 1041 (1991)
   PLR 1125 (1999)                                     Update on Portman Hotel controversy in New
SEQRA challenges raised in four New York                  York City (MOA), 1 PLR 1011 (1982)
   cases with mixed results, 22 PLR 1029 (2004)        Urban landscape easement, 7 PLR 1014 (1988)
Settlement agreement provides for preservation         U.S. courts address RLUIPA challenges on ap-
   of A.J. Downing landscape, 4 PLR 1063                  peal, 22 PLR 1005 (2004)
   (1985)                                              Variance for "art moderne" diner upheld, 16 PLR
Several courts address preservation-related dis-          1133 (1997)
   putes around the country (SEQRA, zoning ap-         White v. Shull (National Register challenge), 1
   peal), 20 PLR 1049 (2001)                              PLR 3066 (1982)
Several courts address preservation-related dis-       Wolk v. Reisem (imminent safety hazard) 1 PLR
   putes around the country (state preservation           3064 (1982)
   act), 20 PLR 1051 (2001)
Several courts address standing requirements           NEVADA
   with varying results, 19 PLR 1065 (2000)            Nevada enacts statutory provisions protecting
Sierra Club v. Board of Education of the City of         historic property and Indian remains and arti-
   Buffalo (construction of school on park land          facts, 8 PLR 1025 (1989)
   is not in violation of state’s parks, recreation,   New laws in Nevada enact conservation ease-
   and historic preservation law), 5 PLR 3057            ment legislation and provide relief for historic

22 PLR 2092                     Preservation Law Reporter                                  Master Index
  buildings from strict building code require-        Real estate development by historic preservation
  ments, 2 PLR 1057 (1983)                              organizations, 1 PLR 2052 (1982)
Uniform Conservation Easement Act enacted in          Sale-and-leaseback of historic properties by
  four states (Arkansas, Nevada, Oregon and             agencies and nonprofit organizations, 1 PLR
  Wisconsin), 2 PLR 1056 (1983)                         1020 (1982)
U.S. Supreme Court rules takings claim involv-        Sale-leasebacks involving exempt users, 3 PLR
  ing Tahoe TDR program is ripe for review, 16          1003 (1984)
  PLR 1058 (1997)                                     Ways and Means Committee considers sale-and-
                                                        leaseback transactions involving units of gov-
NIGHT SKY LEGISLATION                                   ernment and tax-exempt entities, 2 PLR 1031
Historic preservation legislation enacted in sev-       (1983)
  eral states, 19 PLR 1232 (2000)
                                                      NORTH CAROLINA
NONPROFIT ORGANIZATIONS (See also                     Appeals court rules section 4(f) obligations satis-
REAL ESTATE DEVELOPMENT and                              fied in road project, 9 PLR 1155 (1990)
TAXATION, FEDERAL)                                    Courthouse restoration, 1 PLR 1021 (1982)
ARTICLE: JoAnna J. Barnes, “Environmental             Fourth Circuit upholds ordinance regulating
   Liability Issues for Preservation Organiza-           outdoor signs, 5 PLR 3046 (1986)
   tions,” 11 PLR 1017 (1992)                         Fourth Circuit upholds sign ordinance against
ARTICLE: JoAnna J. Barnes, “Environmental                takings challenge, 13 PLR 1086 (1994)
   Liability Issues for Preservation Organizations    North Carolina amends enabling legislation, 8
   as Property Owners, 11 PLR 1163 (1992)                PLR 1027 (1989)
ARTICLE: Fredrick B. Becker, “Partnerships            North Carolina appeals court rejects "bed and
   with Historic Preservation Organizations in           breakfast" by purchasers of church-owned his-
   Real Estate Development,” 1 PLR 2052                  toric property, 16 PLR 1023 (1997)
   (1982)                                             North Carolina committee to review that state’s
ARTICLE: J. Myrick Howard, “Legal Assis-                 preservation legislation, 1 PLR 1023 (1982)
   tance for Preservation Revolving Funds,“ 1         North Carolina court finds preservation commis-
   PLR 2006 (1982)                                       sion record inadequate, 2 PLR 1060 (1983)
ARTICLE: Thomas C. Spring, “Tax Considera-            North Carolina Court of Appeals rejects chal-
   tions for Section 501(c)(3) Organizations En-         lenge to school board's condemnation of land
   gaged in Real Estate Development Activities,”         in local historic district, 15 PLR 1062 (1996)
   4 PLR 2047 (1985)                                  Raleigh v. College Campus Apts. (action seeking
Conference on syndicating affordable housing:            restoration of original siding on house in his-
   opportunities and pitfalls for nonprofit organi-      toric district dismissed on procedural
   zations and local governments, 2 PLR 1046             grounds), 8 PLR 3065 (1989)
   (1983)                                             Spring issue of Carolina Planning devoted to
Demolition of building owned by charitable               preservation, 8 PLR 1036 (1989)
   organizations, 1 PLR 2076 (1982)                   State v. Jones (aesthetic regulation in North
Digest of selected Internal Revenue Service              Carolina), 2 PLR 3022 (1983)
   rulings on real estate development by non-         States adopt new measures to preserve historic
   profit organizations, 4 PLR 1046 (1985)               buildings (rehabilitation codes), 20 PLR 1214
Ground lease used to increase return to tax-             (2001)
   exempt organizations in sale of property, 3        Several states adopt preservation-related laws
   PLR 1030 (1984)                                       (Georgia, Maryland, Missouri, New Jersey,
Information sheets (National Trust), 1 PLR 1024,         North Carolina, Virginia) 16 PLR 1219 (1997)
   1062 (1982)                                        Tax court denies credit for rehabilitation project
Innovative development partnership in Annapo-            in two separate decisions, 10 PLR 1163
   lis, Md., 2 PLR 1014 (1983)                           (1991)
Landmark Society of Western New York, In re           Tennessee and North Carolina creates historic
   (property maintenance under testamentary              preservation study commissions, 6 PLR 1025
   trust), 1 PLR 3061 (1982)                             (1987)
Missouri Court of Appeals affirms condemnation
   of historic preservation organization’s            NORTH DAKOTA
      leasehold interest in historic building, 6      North Dakota Supreme Court upholds State
   PLR 3052 (1987)                                      Historical Board’s authority to designate his-
National Center for Preservation Law, The, 1            toric sites and rejects vagueness challenge to
   PLR 1022 (1982)                                      state preservation law, 5 PLR 3003 (1986)
1025 Fifth Avenue, Inc. v. Marymount School of        Tax increment financing and easement laws
   New York (hardship approval allowing build-          enacted in North and South Dakota, 2 PLR
   ing alteration), 3 PLR 3014 (1984)                   1026 (1983)

Master Index                   Preservation Law Reporter                                  22 PLR 2093
                                                      Ohio appeals court rules church established
NUISANCES                                                “economic hardship” under Toledo preserva-
Louisiana appeals court rules against owner              tion ordinance, 18 PLR 1075 (1999)
  seeking relief from race track lights shining on    Ohio appeals court rules City of Dayton improp-
  historic property, 10 PLR 1066 (1991)                  erly denied demolition request, 12 PLR 1065
                                                         (1993)
                        O                             Ohio Court of Appeals reverses city decision to
                                                         deny rezoning of land within village green, 13
OFFICE OF MANAGEMENT AND                                 PLR 1211 (1994)
BUDGET                                                Ohio court upholds conviction for violation of
Advisory Council approves draft of Section 106           Toledo's historic preservation ordinance, 12
  regulations, now pending approval by OMB, 4            PLR 1028 (1993)
  PLR 1078 (1985)                                     Ohio court upholds decision based on rehabilita-
New proposed circular on restrictions on lobby-          tion guidelines, 12 PLR 1010 (1993)
  ing by federal grantees issued, 3 PLR 1007          Ohio court upholds denial of liquor license in
  (1984)                                                 Dayton historic district, 12 PLR 1017 (1993)
OMB issues final regulations—Circular A-122—          Ohio court upholds Springfield preservation
  affecting lobbying activities of tax-exempt            ordinance against unlawful delegation charge,
  federal grant recipients, 3 PLR 1034 (1984)            11 PLR 1144 (1992)
Office of Management and Budget proposal              Ohio Historic Preservation Office publishes
  would restrict lobbying by nonprofit organiza-         model historic preservation provisions, 8 PLR
  tions (receiving federal funds), 2 PLR 1010            1034 (1989)
  (1983)                                              Ohio Supreme Court rules property owner not
Section 106 regulations remain stalled, 2 PLR           entitled to compensation for alleged taking, 18
  1011 (1983)                                            PLR 1069 (1999)
                                                      Ohio trial court finds Dayton's historic preserva-
OFFICE OF SURFACE MINING (See                            tion ordinance to be unconstitutional, 11 PLR
DEPARTMENT OF INTERIOR, U.S.)                            1001 (1992)
                                                      Rehabilitation tax credit brochure released, 6
OHIO                                                     PLR 1046 (1987)
City of Dayton v. Brewer (aesthetic regulation        Several courts address preservation-related dis-
   and police power), 1 PLR 3017 (1982)                  putes around the country (preservation ordi-
Corps of Engineers permit challenged in Cincin-          nances), 20 PLR 1054 (2001)
   nati as violation of section 106 of NHPA, 1        Sixth Circuit upholds Hudson, Ohio slow growth
   PLR 1046 (1982)                                       ordinance against substantive due process
Federal district court dismisses Section 106             claim, 16 PLR 1175 (1997)
   lawsuit against City of Columbus; allows an-       Some thoughts on using model ordinances, 9
   ticipatory demolition lawsuit to proceed              PLR 1048 (1990)
   against FHWA, 17 PLR 1030 (1998)                   State and federal courts address wide range of
Federal district judge rules Army Corps violates         preservation issues (Section 106), 20 PLR
   Section 106; Disagrees with National Mining           1104 (2001)
   court that certain ACHP regulations are            State legislative task forces established, 5 PLR
   unlawfully substantive, 21 PLR 1198 (2002-3)          1045 (1986)
Ferencz v. City of Toledo (Ohio court upholds         Toledo, Ohio trial court upholds denial of permit
   selection of alternative route for road im-           to demolish historic house, 17 PLR 1191
   provement project to preserve historic fire sta-      (1998)
   tion), 8 PLR 3021 (1989)                           U.S. courts address RLUIPA challenges on ap-
Hunter v. City of Cleveland (Ohio court holds            peal, 22 PLR 1005 (2004)
   city not responsible for damages for with-         Village of Hudson v. Albrecht, Inc. (aesthetic
   drawing erroneous building permits in historic        zoning upheld), 3 PLR 3024 (1984)
   district), 8 PLR 3066 (1989)
Medina Committee v. Interstate Commerce               OKLAHOMA
   Comm. (historic district traffic), 1 PLR 3026      National Park Service’s denial of tax certification
   (1982)                                                for rehabilitation project upheld by district
National Park Service finds last-minute creation         court, 9 PLR 1161 (1990)
   of multiple ownership of property insufficient     Oklahoma statute authorizes state preservation
   to undermine previous National Register list-         program, 2 PLR 1043 (1983)
   ing, 2 PLR 1051 (1983)                             Preservation-related legislation adopted in four
National Trust for Historic Preservation v. U.S.         states, 11 PLR 1121 (1992)
   Army Corps of Engineers (§ 106 compliance),        Three more states adopt RFRAs, 19 PLR 1123
   1 PLR 3001 (1983)                                     (2000)

22 PLR 2094                    Preservation Law Reporter                                  Master Index
                                                       12 PLR 1200 (1993)
ORDINANCES (See LAND USE LAWS and                    U.S. Supreme Court rules for developer in latest
HISTORIC PRESERVATION                                  takings case: requires "rough proportionality"
ORDINANCES)                                            for development exactions, 13 PLR 1103
                                                       (1994)
OREGON
ARTICLE: Nancy C. Shanahan, “State Legisla-                                 P
   tive Task Forces in the West,” 1 PLR 2061
   (1982)                                            PARKING (See LAND USE REGULATION)
ARTICLE: Patricia A. Xeller, “A Practical Guide
   to Property Tax Incentives for Preservation,“
   2 PLR 2050 (1983)                                 PARKS, HISTORIC
City of Aurora not required to obtain certificate    American Horse Protection Ass‘n v. Dept. of
   of appropriateness before demolishing historic      Interior (NEPA), 2 PLR 3055 (1983)
   building on public safety grounds, 15 PLR         Condemnation of land under Cape Cod National
   1044 (1996)                                         Seashore Act upheld by First Circuit, 4 PLR
Court rejects planning commission's narrow view        1103 (1985)
   of its power to deny permits, 9 PLR 1097          Creation of historic site may result in taking of
   (1990)                                              mining rights, but Claims Court holds that
District court rules Forest Service satisfied Sec-     administrative remedies must be exhausted
   tion 106 in permitting log hauling in area sig-     first, 4 PLR 1101 (1985)
   nificant to Native Americans, 13 PLR 1025         Department of Transportation v. City of Atlanta
   (1994)                                              (Georgia Supreme Court holds that State
Georgia, Missouri, and Texas adopt new preser-         Highway Department has no authority to con-
   vation legislation. Oregon and Virginia con-        demn municipal property and city has no au-
   sider just compensation issues, 10 PLR 1104         thority to transfer dedicated parkland to state
   (1991)                                              for highway), 4 PLR 3062 (1985)
Historic preservation legislation enacted in sev-    Legal battles continue in Presidential Parkway
   eral states, 19 PLR 1232 (2000)                     dispute, 4 PLR 1081 (1985)
Ninth Circuit permits gas company to conduct         Legislation reintroduced on historic shipwrecks,
   archaeological survey on private property to        Olmstead parks and American Conservation
   satisfy section 106 obligations, 13 PLR 1007        Corps, 4 PLR 1058 (1985)
   (1994)                                            New York authorizes state urban cultural parks,
Oregon enacts package of preservation legisla-         2 PLR 1008 (1983)
   tion, 3 PLR 1021 (1984)
Oregon governor vetoes owner consent legisla-        PENALTIES (See COURTS AND
   tion, 12 PLR 1129 (1993)                          PROCEDURE)
Oregon legislature adopts owner consent re-
   quirement for designation, 14 PLR 1227            PENNSYLVANIA
   (1995)                                            Amendment prohibiting designation of religious
Oregon voters approve ballot measure requiring         properties without consent proposed in Penn-
   compensation for land use laws diminishing          sylvania, 8 PLR 1028 (1989)
   property values, 22 PLR 1037 (2004)               Appeals court rules owners of Pittsburgh land-
Owner consent provision in local preservation          mark met burden of proof in establishing eco-
   ordinance found to violate Oregon state plan-       nomic hardship, 13 PLR 1197 (1994)
   ning law, 9 PLR 1001 (1990)                       Ashwood Manor Civic Ass’n v. Dole (delegation
Paulina Lake Historic Cabin Owners Ass’n v.            upheld of Secretary of Transportation’s au-
   U.S.D.A. Forest Service (assertion of owner-        thority to approve highway under Section
   ship interest by Forest Service in structures       4(f)), 5 PLR 3022 (1986)
   erected on government land does not consti-       Boarhead decision affirmed on appeal; court
   tute “federal undertaking” under NHPA), 4           lacks jurisdiction to compel compliance with
   PLR 3039 (1985)                                     Section 106 in clean-up of hazardous waste
Multnomah County v. Talbot (tax certification),        site, 10 PLR 1001 (1991)
   1 PLR 3091 (1982)                                 Concerned Citizens for the Preservation of His-
Recent decisions governing the removal of prop-        toric Commercial Scranton, Inc. v. City of
   erties from local historic registers, 20 PLR        Scranton (U.S. district court denies prelimi-
   1080 (2001)                                         nary injunctive relief pending completion of
Uniform Conservation Easement Act enacted in           historic and environmental reviews), 7 PLR
   four states (Arkansas, Nevada, Oregon and           2020 (1988)
   Wisconsin), 2 PLR 1056 (1983)                     Condemnation of Lands, In re (Pennsylvania
U.S. Supreme Court agrees to hear "taking" case,       court upholds Scranton Redevelopment Au-

Master Index                  Preservation Law Reporter                                 22 PLR 2095
   thority's exercise of eminent domain to con-          rejecting takings claim, 15 PLR 1086 (1996)
   demn commercial historic buildings for down-       Pennsylvania Supreme Court rules Philadelphia
   town shopping mall), 8 PLR 3024 (1989)                preservation ordinance violates Pennsylvania
Creation of historic site may result in taking of        Constitution, subsequently grants reargument,
   mining rights, but Claims Court holds that            10 PLR 1109 (1991)
   administrative remedies must be exhausted          Pennsylvania Supreme Court upholds denial of
   first, 4 PLR 1101 (1985)                              permit to demolish historic building, 16 PLR
District court dismisses action to compel EPA to         1007 (1997)
   comply with section 106 in applying super-         Pennsylvania trial court paves way for demoli-
   fund law to historic properties, 9 PLR 1074           tion of historic house, 13 PLR 1068 (1994)
   (1990)                                             Permission to submit a supplemental authority in
Erie, Pa. sues after building demolished, 3 PLR          United Artists case denied, 12 PLR 1127
   1009 (1984)                                           (1993)
Federal courts rule that NEPA and NHPA obliga-        Philadelphia judge overturns historical commis-
   tions expire once project is completed, 11            sion’s use of public interest exception for
   PLR 1089 (1992)                                       demolition of historic properties for retail
Federal protection of National Historic Land-            complex, 22 PLR 1015 (2004)
   marks litigated (Delaware canal) , 2 PLR 1001      Recent developments in billboard litigation, 5
   (1983)                                                PLR 1014 (1986)
Final decision in United Artists case still pend-     Salem Crossroads Historical Society, Inc., In re
   ing; supplemental briefing ordered, 11 PLR            (Pennsylvania court upholds denial of tax ex-
   1101 (1992)                                           empt status to historic preservation organiza-
Investment tax credit recapture insurance pro-           tion), 6 PLR 3042 (1987)
   tects against loss of tax credit through fire or   Sameric Corp. v. City of Philadelphia (Pennsyl-
   other casualty, 3 PLR 1032 (1984)                     vania court upholds designation of interior of
National historic landmark affected by proposed          Philadelphia art deco theatre), 8 PLR 3068
   Corps’ permit, 1 PLR 1051 (1982)                      (1989)
New preservation ordinance for Philadelphia, 4        State and federal courts address wide range of
   PLR 1050 (1985)                                       preservation issues (Pennsylvania), 20 PLR
New state enabling legislation for local preserva-       1110 (2001)
   tion commissions, 3 PLR 1039 (1984)                State preservation law summaries, 2 PLR 1029
New York and Pennsylvania adopt legislation              (1983)
   governing the transfer of development rights,      States considering new enabling legislation for
   8 PLR 1026 (1989)                                     local preservation commissions, 4 PLR 1034
Non-resident neighbors have standing to appeal           (1985)
   or intervene in municipal zoning case, 7 PLR       Tax court denies credit for rehabilitation project
   2057 (1988)                                           in two separate decisions, 10 PLR 1163
Pennsylvania Commonwealth Court declares                 (1991)
   Longwood Gardens exempt from property tax,         Third Circuit affirms dismissal of Section 1983
   16 PLR 1156 (1997)                                    lawsuit against Philadelphia in Boyd Theater
Pennsylvania court denies preliminary injunction         case, 17 PLR 1014 (1998)
   to prevent demolition of Pittsburgh's Syria        Third Circuit orders Surface Transportation
   Mosque, 10 PLR 1095 (1991)                            Board to comply with Section 106, 20 PLR
Pennsylvania court rejects challenge to state            1162 (2001)
   national register nomination, 12 PLR 1105          Third Circuit upholds FHWA’s rejection of
   (1993)                                                Advisory Council’s preferred alternative in
Pennsylvania court reverses variance for amuse-          bridge replacement case, 18 PLR 1144 (1999)
   ment arcade in historic district, 11 PLR 1082      Zoning variance allowing extended-care facility
   (1992)                                                expansion in National Register historic district
Pennsylvania court upholds denial of permit to           overturned in Philadelphia, 22 PLR 1016
   demolish Victorian hotel, 12 PLR 1190 (1993)          (2004)
Pennsylvania court upholds denial of proposal to
   alter gas station in historic district, 12 PLR     PENNSYLVANIA DEVELOPMENT
   1081 (1993)                                        CORPORATION ACT
Pennsylvania municipality rescinds historic           Federal claims court denies summary judgment
   district ordinance, 1 PLR 1053 (1983)                in takings case involving Pennsylvania Ave-
Pennsylvania Supreme Court reverses itself in           nue historic properties, 14 PLR 1049 (1995)
   United Artists; Rules Philadelphia preserva-
   tion ordinance is constitutional, 12 PLR 1165      PLANNING (See LAND USE
   (1993)                                             REGULATION)
Pennsylvania Supreme Court reverses Weinberg,

22 PLR 2096                    Preservation Law Reporter                                  Master Index
                                                        18 PLR 1092 (1999)
POLICE POWER (See also DUE PROCESS)                   LAW SUMMARY: Impact of National Register
City of Dayton v. Brewer, 1 PLR 3017 (aesthetic         Listings on Privately-Owned Property, 18
   zoning) (1982)                                       PLR 1129 (1999)
Idaho Supreme Court upholds downzoning of             LAW SUMMARY: Supreme Court Takings
   property to help preserve city's "aesthetic val-     Cases at a Glance, 18 PLR 1059 (1999)
   ues" and "economic vitality of downtown            LAW SUMMARY: The Establishment Clause,
   business core," 15 PLR 1027 (1996)                   18 PLR 1034 (1999)
Missouri appeals court strikes down application       PRESERVATION LAW SUMMARY: Aban-
   of Ladue zoning ordinance to church, 16 PLR          doned Shipwrecks Under the ASA, 20 PLR
   1116 (1997)                                          1059 (2001)
New York appeals court strikes down city law          PRESERVATION LAW SUMMARY: De-
   limiting use in Schenectady historic district to     designation of Historic Resources Under Lo-
   single-family homes, 16 PLR 1087 (1997)              cal Ordinances, 20 PLR 1073 (2001)
New York appeals court upholds conditioning           PRESERVATION LAW SUMMARY: Meridian
   issuance of demolition permit on approval of          Street Preservation Statute, 20 PLR 1150
   new construction plans, 9 PLR 1094 (1990)             (2001)
New York Court of Appeals declares educational        Protecting Native American Historic Places
   and religious uses may not be excluded alto-          under Federal Law, 21 PLR 1043 (2002-3)
   gether in residential historic districts, 17 PLR   Supreme Court Takings Cases at a Glance, 21
   1009 (1998)                                          PLR 1121 (2002-3)
New York trial court reverses denial of permit to     The use of performance bonds or other guaran-
   install vinyl siding on house located in Coo-        tees in historic preservation ordinances to pre-
   perstown Historic District, 10 PLR 1062              vent surface parking lots or undeveloped par-
   (1991)                                               cels following authorized demolition, 21 PLR
Ohio court upholds conviction for violation of          1157 (2002-3)
   Toledo's historic preservation ordinance, 12
   PLR 1028 (1993)                                    PRIVATE RIGHT OF ACTION                      (See
Other state courts have uniformly rejected tak-       COURTS AND PROCEDURE)
   ings or police power challenges to historic
   preservation regulation, 10 PLR 1117 (1991)        PROPERTY RIGHTS LEGISLATION
State v. Jones (aesthetic regulation), 2 PLR 3022     (See also EMINENT DOMAIN; TAKINGS
   (1983)                                             LEGISLATION and TAKINGS,
State v. Smith (aesthetic regulation), 1 PLR 3021     REGULATORY)
   (1982)                                             Oregon voters approve ballot measure requiring
Village of Hudson v. Albrecht, Inc. (aesthetic           compensation for land use laws diminishing
   zoning upheld), 3 PLR 3024 (1984)                     property values, 22 PLR 1037 (2004)

POST OFFICE RELOCATION ACT                            PUBLIC BUILDINGS COOPERATIVE
Status quo preserved on Capitol Hill, 17 PLR          USE ACT (See also EXECUTIVE ORDERS;
   1235 (1998)                                        FEDERAL LAND POLICY AND
                                                      MANAGEMENT ACT; and GOVERNMENT-
POSTAL SERVICE, U.S.                                  CONTROLLED HISTORIC PROPERTIES)
Postal Service installation of freestanding mail-     Mixed-use project for federal building nearing
  boxes held subject to National Historic Pres-         completion in Washington, 2 PLR 1015
  ervation Act, 3 PLR 1027 (1984)                       (1983)
                                                      Nashville group files suit to save National His-
PRESERVATION COMMISSIONS                                toric Landmark, 2 PLR 1025 (1983)
(See HISTORIC PRESERVATION
COMMISSIONS and LOCAL                                 PUBLIC TRUST DOCTRINE
PRESERVATION ORDINANCES)                              Connecticut Historical Comm’n v. 89 Main
                                                        Assocs. Ltd. Partnership (Connecticut court
PRESERVATION LAW SUMMARIES (See                         applies state public trust statute to enjoin
also ARTICLES and PUBLICATIONS)                         demolition of historic structures), 8 PLR 3073
 LAW SUMMARY: Assessing Economic Claims                 (1989)
   under Historic Preservation Ordinances, 18
   PLR 1069 (1999)                                    PUBLICATIONS (See also ARTICLES and
 LAW SUMMARY: Basic Principles of Takings             PRESERVATION LAW SUMMARIES)
   Jurisprudence, 18 PLR 1062 (1999)                  “The Abandoned Shipwreck Act of 1987: Navi-
 LAW SUMMARY: Five-Step Summary of the                  gating Turbulent Constitutional Waters” (law
   Advisory Council’s Section 106 Procedures,           review), 9 PLR 1012 (1990)

Master Index                   Preservation Law Reporter                                  22 PLR 2097
Advisory Council publishes special report on            Need for a Strong Deterrent to the Destruction
  federal historic preservation case law, 4 PLR         of Historic Landmarks” (law review) 9 PLR
  1085 (1985)                                           1012 (1990)
Advisory Council revises Federal Historic Pres-      Directory of Historic Preservation Lawyers for
  ervation Case Law, 16 PLR 1047 (1997)                 1985, 5 PLR 1018 (1985)
Advisory Council tax study report, 3 PLR 1005        Easement valuation guidelines published, 3 PLR
  (1984)                                                1063 (1984)
American Bar Association offers tapes of Reus-       Economic benefits of historic preservation (stud-
  ing Old Buildings: Preservation Law and the           ies), 11 PLR 1043 (1992)
  Development Process, 4 PLR 1054 (1985)             First annual Historic Preservation Yearbook
ABA publishes articles on historic preservation         published, 4 PLR 1018 (1985)
  and TDRs, 17 PLR 1188 (1998)                       Further reading on due process requirements, 19
American Farmland Trust publishes new study             PLR 1064 (2000)
  on the fiscal benefits of open space protection,   Further reading on RLUIPA and other religious
  12 PLR 1033 (1993)                                    liberty statutes, 19 PLR 1178 (2000)
American Mosaic: Preserving America’s Past, 7        General Accounting Office issues report on
  PLR 1031 (1988)                                       major UDAG issues, 4 PLR 1008 (1985)
APA and National Trust publish new report on         General Accounting Office releases "Four Cor-
  gambling and historic preservation, 16 PLR            ners" Report on Archeological Protection, 7
  1108 (1997)                                           PLR 1027 (1988)
APA publishes article on flexible parking codes      General Accounting Office releases report of
  for historic downtowns, 12 PLR 1182 (1993)            effect of federal estate tax on historic proper-
APA publishes new “PAS Reports” on commu-               ties, 7 PLR 1028 (1988)
  nity preservation, 18 PLR 1236 (1999)              Guidebook for farmland protection, 6 PLR 1030
American Planning Association publishes primer          (1987)
  on land use law, 8 PLR 1032 (1989)                 Handbook on drafting preservation ordinances
American Planning Association publishes reports         published by APA, 2 PLR 1044 (1983)
  on issues relating to historic preservation, 9     Helpful information on cellular towers and other
  PLR 1063 (1990)                                       issues available through publications and web-
Archeological protections detailed in new book,         sites, 19 PLR 1053 (2000)
  12 PLR 1124 (1993)                                 Historic Preservation Law and Taxation treatise
Art law (Art Law: Rights and Liabilities of Crea-       published, 5 PLR 1034 (1986)
  tors and Collectors), 5 PLR 1056 (1986)            Historic preservation law cassettes available, 4
Art law reference books published, 4 PLR 1053           PLR 1017 (1985)
  (1985)                                             Historic Preservation provides basic overview of
Article on measuring damages in takings cases           multi-faceted discipline, 18 PLR 1235 (1999)
  published, 11 PLR 1119 (1992)                      Indiana and New Jersey release new studies
Articles address constitutional issues relating to      addressing economic impact of historic pres-
  historic religious properties, 10 PLR 1107            ervation, 16 PLR 1226 (1997)
  (1991)                                             Information sheets (National Trust), 1 PLR 1024
Attorney reviews ISTEA's transportation en-             (1982)
  hancements program; enhancements confer-           “Is the Penn Central Three-Factor Test Ready
  ence announced, 15 PLR 1018 (1996)                    for History’s Dustbin?,” by John Echeverria.
Author addresses use of antitrust laws to protect       52 Land Use Law & Zoning Digest 1 (Jan.
  historic Main Streets from big box retailing,         2000), 18 PLR 1203 (1999)
  14 PLR 1115 (1995)                                 Joint Committee Blue Book available on 1984
Catholic University Law Review publishes                Tax Reform Act, 4 PLR 1029 (1985)
  analysis of comment on ARPA's application to       Landmark Justice: The Influence of William J.
  private property, 14 PLR 1219 (1995)                  Brennan on America's Communities, 8 PLR
Comprehensive historic preservation law hand-           1033 (1989)
  book published, 2 PLR 1046 (1983)                  Land Saving Action published, 3 PLR 1057
Connecticut Trust publishes preservation law            (1984)
  handbook, 3 PLR 1057 (1984)                        Land Trust Alliance releases book on how to
Conservation Easement Handbook, 7 PLR 1029              start a land trust, 9 PLR 1038 (1990)
  (1988)                                             Law professor compiles annotated survey of
Conservation easements in California published,         preservation literature, 19 PLR 1110 (2000)
  2 PLR 1045 (1983)                                  Lincoln Institute releases publication on "New
Conservation Foundation releases new publica-           Urbanism," 16 PLR 1048 (1997)
  tions on growth management, 9 PLR 1024             Maryland's planning department issues report on
  (1990)                                                infill development, 20 PLR 1221 (2001)
“The Conservation Trust: Equity’s Answer to the      Massachusetts Historical Commission publishes

22 PLR 2098                   Preservation Law Reporter                                  Master Index
  comprehensive guidebook on laws used to            New publications, 1 PLR 1055 (1982)
  preserve historic resources, 18 PLR 1236           New publications on establishing and operating
  (1999)                                                easement programs, 11 PLR 1014 (1992)
MIT releases new book on downtown redevel-           New publications on state tax incentives now
  opment projects, 8 PLR 1033 (1989)                    available, 19 PLR 1239 (2000)
Model sign preservation ordinance published, 8       New publications (rural preservation); upcoming
  PLR 1034 (1989)                                       conferences, 9 PLR 1130 (1990)
NPS and National Trust issue new guidance on         New titles available from Preservation Policy
  historic preservation and affordable housing,         Research Series, 4 PLR 1054 (1985)
  14 PLR 1062 (1995)                                 1985 Directory of Historic Preservation Law-
National Park Service issues brochure explaining        yers, 4 PLR 1018 (1985)
  tax incentives for historic buildings, 4 PLR       Notable publications, 21 PLR 1233 (2002-3)
  1040 (1985)                                        Ohio Historic Preservation Office publishes
National Park Service issues new Technical              model historic preservation provisions, 8 PLR
  Bulletins, 4 PLR 1052 (1985)                          1034 (1989)
National Park Service issues report on tax incen-    Preservation lawyers respond to the takings
  tives for fiscal year 1990, 10 PLR 1091 (1991)        challenge, 8 PLR 1035 (1989)
National Park Service publishes bibliography of      Preserving Family Lands, 7 PLR 1030 (1988)
  materials on local preservation, 18 PLR 1235       The President’s Commission on Americans Out-
  (1999)                                                doors releases its report, 6 PLR 1029 (1987)
National Park Service publishes new book on          Publications on easements and zoning from the
  protecting archaeological resources on private        Landmarks Preservation Council of Illinois, 4
  lands, 13 PLR 1017 (1994)                             PLR 1053 (1985)
National Trust and APA issue joint report on         Real estate attorney explores arguments to sup-
  historic preservation plans, 13 PLR 1078              port rule allowing consideration of govern-
  (1994)                                                mental benefits in regulatory takings claims,
National Trust annual preservation conference           15 PLR 1036 (1996)
  materials available, 4 PLR 1017 (1985)             Real estate development syndication available
National Trust publishes "A Layperson's Guide           (publication), 3 PLR 1040 (1984)
  to Historic Preservation Law," 16 PLR 1108         Recent articles (historic preservation and aes-
  (1997)                                                thetic regulation), 10 PLR 1094 (1991)
National Trust publishes “Dollars & Sense of         Recent articles on preservation law, 9 PLR 1077
  Historic Preservation,” 16 PLR 1228 (1997)            (1990)
National Trust publishes new book on state           Recent articles (on preservation-related issues),
  preservation programs, 16 PLR 1047 (1997)             11 PLR 1084 (1994)
National Trust releases new publications on          Recent books, reports, and websites, 21 PLR
  preservation in America's downtowns and re-           1166 (2002-3)
  volving funds, 10 PLR 1074 (1991)                  Recent publications cover historic rehabilitations
National Trust to issue report on state tax incen-      and conservation easements, 3 PLR 1015
  tives for historic preservation, 4 PLR 1086           (1984)
  (1985)                                             Rehabilitating Older Buildings and Historic
New articles (takings) and conferences, 9 PLR           Buildings published, 5 PLR 1019 (1986)
  1150 (1990)                                        Rehabilitation tax credit brochure released, 6
New books on preservation-related matters (eco-         PLR 1046 (1987)
  nomic studies), 13 PLR 1195 (1994)                 Report issued on Texas preservation legislation,
New books on preservation-related matters (eco-         5 PLR 1035 (1986)
  nomic benefits and museums), 13 PLR 1195           Revised and expanded Historic Preservation in
  (1994)                                                California: A Legal Handbook now available,
New coursebook on historic preservation law, 3          2 PLR 1016 (1983)
  PLR 1013 (1984)                                    Roanoke, Virginia publishes planning booklet, 6
New directory of historic preservation lawyers to       PLR 1029 (1987)
  be published by National Trust, 4 PLR 1087         Saving Place: A Guide and Report Card for
  (1985)                                                Protecting Community Character and self di-
New guide for saving neighborhoods published,           agnostic checklists for seven New England
  10 PLR 1017 (1991)                                    States, 10 PLR 1203 (1991)
New planning reports released, 11 PLR 1152           Second edition of Appraising Easements pub-
  (1992)                                                lished, 9 PLR 1102 (1990)
New publication on preservation in foreign coun-     Several publications on land use and historic
  tries, 2 PLR 1047 (1983)                              preservation now available, 18 PLR 1052
New publication on property taxation of land-           (1999)
  marks, 2 PLR 1009 (1983)                           Spring issue of Carolina Planning devoted to

Master Index                  Preservation Law Reporter                                  22 PLR 2099
   preservation, 8 PLR 1036 (1989)                     REAL ESTATE DEVELOPMENT (See also
“The State as Steward: The Need for Historic           GRANT PROGRAMS; NONPROFIT
   Preservation Duties for State Agencies,” by         ORGANIZATIONS; REHABILITATION
   O.A. Pollard (law review), 9 PLR 1012 (1990)        PROJECTS and TAXATION, FEDERAL)
State legislation project published on enabling
   legislation and easements, 3 PLR 1070 (1984)        INCENTIVES (See also TAXATION,
State preservation law summaries, 2 PLR 1029           FEDERAL; TAXATION, STATE and TAX
Study shows substantial historic rehabilitation        LEGISLATION)
   activity in New York, 3 PLR 1005 (1984)             Memphis downtown commission combines
Subsidized Housing Handbook published to                 public and private incentives for rehabilita-
   National Housing Law Project, 4 PLR 1087              tion, 1 PLR 1047 (1982)
   (1985)
Syndicating affordable housing - materials avail-      INDUSTRIAL DEVELOPMENT BONDS
   able, 4 PLR 1052 (1985)                             Industrial development bonds used in rehabilita-
Tax planning for land conservation and historic           tion financing (Annapolis), 1 PLR 1030
   preservation (publication), 3 PLR 1041 (1984)          (1982)
Tax Planning for Old and Historic Buildings and        Innovative development partnership in Annapo-
   Fundamentals of Historic Preservation Law, 3           lis, Md., 2 PLR 1014 (1983)
   PLR 1071 (1984)                                     State legislative initiatives: Kentucky, 1 PLR
Treasury Department tax proposals available, 4            2074 (1982)
   PLR 1028 (1985)
Two new publications released (land conserva-          INSURANCE
   tion, archaeology), 9 PLR 1168 (1990)               Carley Capital Group v. Fireman’s Fund Insur-
University of Kentucky Law Journal publishes              ance Co. (D.C. circuit finds ambiguity in in-
   articles on land use and preservation, 17 PLR          surance policy covering historic building), 8
   1064 (1998)                                            PLR 3072 (1989)
Urban Institute issues report on neighborhood          Investment tax credit recapture insurance pro-
   development organizations, 4 PLR 1053                  tects against loss of tax credit through fire or
   (1985)                                                 other casualty, 3 PLR 1032 (1984)
Urban Land Institute publishes book on innova-
   tive zoning techniques, 8 PLR 1036 (1989)           LOANS
Washington state releases study on special valua-      Iowa adopts main street linked investment loan
   tion incentive for the rehabilitation of historic     program, 8 PLR 1023 (1989)
   property, 12 PLR 1048 (1993)
Wisconsin historic preservation task force report      PARTNERSHIPS WITH NON-PROFITS (See
   published, 6 PLR 1030 (1987)                        also SALE-LEASEBACKS)
Workbook on federal activities affecting archae-       ARTICLE: Fredrick B. Becker, “Partnerships
   ology and historic preservation published, 8           with Historic Preservation Organizations in
   PLR 1036 (1989)                                        Real Estate Development,” 1 PLR 2052
Workbook on historic properties (shipwrecks), 7           (1982)
   PLR 1030 (1988)                                     ARTICLE: Thomas C. Spring, “Tax Considera-
Working partners catalog of community devel-              tions for Section 501(c)(3) Organizations En-
   opment projects available from HUD, 4 PL R             gaged in Real Estate Development Activities,”
   1039 (1985)                                            4 PLR 2047 (1985)
Zoning and the American Dream, 8 PLR 1037              Digest of selected Internal Revenue Service
   (1989)                                                 rulings on real estate development by non-
                                                          profit organizations, 4 PLR 1046 (1985)
PUERTO RICO                                            Real estate development by historic preservation
U.S. cultural properties proposed for World               organizations, 1 PLR 2052 (1982)
  Heritage list, 2 PLR 1022 (1983)
U.S. Supreme Court decides to hear three prop-         REVOLVING FUNDS
  erty rights cases, 10 PLR 1180 (1991)                ARTICLE: Gregory E. Andrews, “State Legisla-
U.S. Supreme Court dismisses first of three              tive Initiatives: Connecticut,” (statewide
  property rights cases, 11 PLR 1052 (1992)              fund), 1 PLR 2071 (1982)
                                                       ARTICLE: J. Myrick Howard, “Legal Assistance
                         R                               for Preservation Revolving Funds,” 1 PLR
                                                         2006 (1982)
RADIO and CELL TOWERS (See                             Historic preservation revolving fund is tax ex-
TELECOMMUNICATIONS and                                   empt under 501 (c)(3), 5 PLR 1026 (1986)
TELECOMMUNICATIONS ACT OF 1996)                        Home equity provides source of new financing
                                                         for housing rehabilitation by the elderly (re-

22 PLR 2100                     Preservation Law Reporter                                  Master Index
  volving fund), 3 PLR 1020 (1984)                     on activities, 3 PLR 1022 (1984)
North Carolina committee to review that state’s      Courthouse restoration, 1 PLR 1021 (1982)
  preservation legislation, 1 PLR 1023 (1982)        Facade grant program encourages downtown
                                                       revitalization, 4 PLR 1016 (1985)
SALE-LEASEBACK TRANSACTIONS                          IRS allows investment tax credit for Old Post
Alexandria, Va., employs sale-and-leaseback and        Office Building rehabilitation, 3 PLR 1063
  gains investment tax credit for real estate in-      (1984)
  vestors, 2 PLR 1034 (1983)                         Seattle’s Pioneer Square a showcase of success
ARTICLE: Perry, Kate M., “1984 Tax Reform              for tax benefits, 3 PLR 1069 (1984)
  Act Leasing Provisions Affecting Historic          South Carolina Supreme Court upholds chari-
  Preservation,” 3 PLR 2066 (1983)                     table trust to preserve Charleston historic
Ground lease used to increase return to tax-           properties, 17 PLR 1061 (1998)
  exempt organizations in sale of property, 3
  PLR 1030 (1984)                                    REHABILITATION TAX
Sale-and-leaseback of historic properties by         CERTIFICATIONS (See TAXATION,
  agencies and nonprofit organizations, 1 PLR        FEDERAL)
  1020 (1982)
Sale-leasebacks involving exempt users, 3 PLR        REHABILITATIONS (See GRANT
  1003 (1984)                                        PROGRAMS; REAL ESTATE
Ways and Means Committee considers sale-and-         DEVELOPMENT; REHABILITATION
  leaseback transactions involving units of gov-     PROJECTS and TAXATION, FEDERAL)
  ernment and tax-exempt entities, 2 PLR 1031
  (1983)                                             RELIGIOUS FREEDOM RESTORATION
                                                     ACTS (See also FIRST AMENDMENT
SYNDICATIONS                                         RIGHTS and RELIGIOUS LAND USE AND
Conference on real estate syndication scheduled      INSTITUTIONALIZED PERSONS ACT)
  for New Orleans, 3 PLR 1071 (1984)
Conference on syndicating affordable housing:        FEDERAL
  opportunities and pitfalls for nonprofit organi-   Federal district court rejects challenge to preser-
  zations and local governments, 2 PLR 1046             vation ordinance under Religious Freedom
  (1983)                                                Restoration Act; rules act unconstitutional, 14
IRS allows charity to serve as one of several           PLR 1045 (1995)
  general partners in low-income elderly hous-       Fifth Circuit rules Religious Freedom Restora-
  ing syndication, 2 PLR 1039 (1983)                    tion Act is constitutional, 15 PLR 1010 (1996)
National Housing Law Project offers seminar on       Maryland Federal District Court rules RFRA is
  syndicating affordable housing, 4 PLR 1016            unconstitutional, 15 PLR 1109 (1996)
  (1985)                                             New federal law specifies "compelling interest"
Real estate development syndication available           requirement for laws that "substantially bur-
  (publication), 3 PLR 1040 (1984)                      den" religious exercise, 12 PLR 1176 (1993)
Syndicating affordable housing material avail-       Supreme Court agrees to hear two cases bearing
  able, 4 PLR 1052 (1985)                               on preservation issues (Flores v. City of
                                                        Boerne and Suitum v. Tahoe Reg’l Planning
TAX INCREMENT FINANCING                                 Agency), 15 PLR 1145 (1996)
Tax increment financing and easement laws            U.S. Supreme Court declares RFRA unconstitu-
  enacted in North and South Dakota, 2 PLR              tional, 16 PLR 1051 (1997)
  1026 (1983)
Wolper v. City Council of Charleston (South          STATES
  Carolina Supreme Court upholds state tax in-       Alabama and Illinois prohibit burdening the free
  crement financing law and Charleston ordi-            exercise of religion, 17 PLR 1241 (1998)
  nance authorizing waterfront revitalization), 5    Religious protection laws considered on Capitol
  PLR 3060 (1986)                                       Hill and by several state legislatures, 17 PLR
                                                        1124 (1998)
REAL ESTATE TAXATION (See                            State RFRA laws enacted in three more states, 18
TAXATION, FEDERAL)                                      PLR 1158 (1999)
                                                     State RFRA placed on hold in New York, 16
REHABILTIATION CODES (See                               PLR 1167 (1997)
BUILDING and FIRECODES)                              Three more states adopt RFRAs, 19 PLR 1123
                                                        (2000)
REHABILITATION PROJECTS (See also
TAXATION, FEDERAL)                                   RELIGIOUS LAND USE AND
Charleston Architectural Review Board reports        INSTITUTIONALIZED PERSONS ACT

Master Index                  Preservation Law Reporter                                  22 PLR 2101
(See also FIRST AMENDMENT RIGHTS and
RELIGIOUS FREEDOM RESTORATION                         REVOLVING FUNDS (See REAL ESTATE
ACTS)                                                 DEVELOPMENT)
Article: Autumn Rierson,“ RLUIPA: Four Years
   Later,” 21 PLR 1169 (2002-3)                       RHODE ISLAND
Congress Enacts Religious Land Use Law, 19            Bellevue Shopping Center Ass‘n v. Chase
   PLR 1111 (2000)                                       (Rhode Island court invalidates Newport Zon-
Federal court upholds denial of demolition per-          ing Board of Review decision denying certifi-
   mit by historic district commission against           cate of approval), 8 PLR 3071 (1989)
   RLUIPA claim, 22 PLR 1005 (2004)                   Challenges to preservation commission decisions
Further reading on RLUIPA and other religious            addressed in three state court decisions
   liberty statutes, 19 PLR 1178 (2000)                  (Bellevue Shopping Center Assocs. v. Chase),
U.S. courts address RLUIPA challenges on ap-             9 PLR 1107 (1990)
   peal, 22 PLR 1005 (2004)                           Denial of permit to demolish nineteenth century
                                                         sea captain's house upheld by Rhode Island
RELIGIOUS LIBERTY PROTECTION                             supreme court, 9 PLR 1088 (1990)
ACT (PROPOSED LEGISLATION)                            Maine and Rhode Island voters approve preser-
Congress enacts religious land use law, 19 PLR           vation bond issues, 4 PLR 1108 (1985)
   1111 (2000)                                        Preservation bonds approved by Rhode Island
Religious protection laws considered on Capitol          voters, 22 PLR 1038 (2004)
   Hill and by several state legislatures, 17 PLR     Preservation planning and growth management:
   1124 ((1998)                                          innovations from New England, 7 PLR 1018
Status quo preserved on Capitol Hill, 17 PLR             (1988)
   1235 (1998)                                        Religious protection laws considered on Capitol
                                                         Hill and by several state legislatures, 17 PLR
RELIGIOUS PROPERTIES AND                                 1124 (1998)
PRACTICES (See also FIRST                             Rhode Island adopts legislation authorizing
AMENDMENT RIGHTS; RELIGIOUS                              reduced speed limits in historic districts and
FREEDOM RESTORATION ACTS and                             along scenic highways, 10 PLR 1103 (1991)
RELIGIOUS LAND USE AND                                Rhode Island establishes tax credit for restoration
INSTITUTIONALIZED PERSONS ACT)                           or maintenance of historic houses and estab-
Amendment prohibiting designation of religious           lishes new grant       program, 8 PLR 1029
   properties without consent proposed in Penn-          (1989)
   sylvania, 8 PLR 1028 (1989)                        Some thoughts on using model ordinances, 9
ARTICLE: Lars A. Hanslin, “San Antonio Mis-              PLR 1048 (1990)
   sions National Historical Park,” 3 PLR 2016        State legislative task forces established, 5 PLR
   (1984)                                                1045 (1986)
Interfaith commission issues report critical of       States adopt new measures to preserve historic
   landmarking of religious properties, 1 PLR            buildings (tax incentives), 20 PLR 1220
   1039 (1982)                                           (2001)
New York appeals court strikes down city law          U.S. Supreme Court reaffirms Penn Central
   limiting use in Schenectady historic district to      principles in takings case, 20 PLR 1136
   single-family homes, 16 PLR 1087 (1997)               (2001)
“Responding to Requests to Alter or Demolish
   Historic Religious Property,” 19 PLR 1160          RIPENESS (See COURTS AND
   (2000)                                             PROCEDURE)
St. Bartholomew’s new horizons (demolition
   application filed), 3 PLR 1021 (1984)              RURAL PRESERVATION
St. Bartholomew’s submits plans for skyscraper,       Absent blight, open space may be condemned
   1 PLR 1039 (1982)                                     only for uses that provide direct public bene-
Trinity Church v. John Hancock Mutual Life Ins.          fit, 6 PLR 3019 (1987)
   Co. (Massachusetts Supreme Judicial Court          American Farmland Trust publishes new study
   affirms $3.6 million award to church for struc-       on the fiscal benefits of open space protection,
   tural damages resulting from neighboring ex-          12 PLR 1033 (1993)
   cavation work), 6 PLR 3035 (1987)                  Guidebook for farmland protection, 6 PLR 1030
                                                         (1987)
RESTRICTIVE COVENANTS                                 Historic trails added to National Trails System, 2
Missouri appeals court rules church may not              PLR 1018 (1983)
  build surface parking lots on properties sub-       Interior Department proposed land protection
  ject to residential restrictive covenant, 21 PLR       guidelines for National Park units, 2 PLR
  1223 (2002-3)                                          1022 (1983)

22 PLR 2102                    Preservation Law Reporter                                  Master Index
IRS holds public hearing on proposed easement       Appeals court rejects antitrust challenge to dona-
  regulations, 2 PLR 1055 (1983)                      tion of land and easements with mineral rights
New Jersey adopts Highlands Preservation Act,         to preservation organizations, 20 PLR 1162
  22 PLR 1038 (2004)                                  (2002-03)
New publications; upcoming conferences (re-         Fourth Circuit rules conservation easement dona-
  volving funds), 9 PLR 1130 (1990)                   tion in historic Green Springs, Virginia, may
Omnibus housing legislation contains large fund-      be challenged under antitrust laws, 17 PLR
  ing for rehabilitation (rural housing program),     1178 (1998)
  3 PLR 1001 (1984)
West Montgomery County Citizens Ass’n v.            SHIPWRECKS (See ABANDONED
  Maryland National Capital Park and Planning       SHIPWRECK ACT; MARITIME
  Comm’n (Maryland court partially invalidates      MARITIME/ADMIRALTY LAW and
  transferable development rights program), 6       SUBMERGED LANDS ACT)
  PLR 3010 (1987)
Wisconsin court upholds local government's          SIGN ORDINANCES and REGULATIONS
  efforts to maintain agricultural character of     (See LAND USE REGULATION)
  town against inverse condemnation claim, 7
  PLR 2011 (1988)                                   SLAPP SUITS
Vermont housing and conservation trust fund, 6      Two recent decisions show difficulty of winning 
  PLR 1026 (1987)                                     1983 due process challenges of local preserva-
                                                      tion and zoning actions, 12 PLR 1134 (1993)
                       S                            SMART GROWTH (See LAND USE
                                                    REGULATION)
SALE-LEASEBACKS (See REAL ESTATE
DEVELOPMENT)                                        SOUTH CAROLINA
                                                    Advisory Council holds public hearing on in-
SANCTIONS/REMEDIES                                     creasingly controversial proposed annex to
(See COURTS AND PROCEDURE)                             federal courthouse in Charleston, 3 PLR 1016
                                                       (1984)
SATELLITE DISHES AND ANTENNAS                       Charleston Architectural Review Board reports
(See TELECOMMUNICATIONS and                            on activities, 3 PLR 1022 (1984)
TELECOMMUNICATIONS ACT OF 1996)                     Charleston ordinance regulates bed-and-
                                                       breakfast uses in historic district, 4 PLR 1038
SCENIC ROADS (See also BILLBOARDS)                     (1985)
Connecticut enacts scenic roads bill, 6 PLR 1023    City of Charleston v. Roberson (regulation of
  (1987)                                               slow-moving tour vehicles), 1 PLR 3053
Rhode Island adopts legislation authorizing            (1982)
  reduced speed limits in historic districts and    City of Columbia v. Solomon (NEPA), 1 PLR
  along scenic highways, 10 PLR 1103 (1991)            3069
Scenic byways legislation, 8 PLR 1004 (1989)        District Court upholds order to remove exterior
                                                       wall mural in Charleston historic district; re-
SCHOOLS (See HISTORIC SCHOOLS)                         jects First Amendment and other constitu-
                                                       tional claims, 14 PLR 1244 (1995)
SECRETARY OF INTERIOR                               D.C. Circuit concludes that it lacks appellate
STANDARDS (See TAXATION, FEDERAL                       jurisdiction in cell tower case, 22 PLR 1021
and DEPARTMENT OF INTERIOR, U.S.)                      (2004)
                                                    Fourth Circuit rules adjacent property owners
SECTION 4(F) (See DEPARTMENT OF                        have standing to enforce Section 106, 20 PLR
TRANSPORTATION ACT, SECTION 4(f))                      1188 (2001)
                                                    New state legislation provides tax benefits for
SECTION 106 (See NATIONAL HISTORIC                     historic preservation, 9 PLR 1086 (1990)
PRESERVATION ACT, SECTION 106)                      Recent developments in billboard litigation, 5
                                                       PLR 1014 (1986)
SECTION 110 (See NATIONAL HISTORIC                  Religious protection laws considered on Capitol
PRESERVATION ACT, SECTION 110)                         Hill and by several state legislatures, 17 PLR
                                                       1124 (1998)
SECTION 1983 CLAIMS (See individual                 Several courts address standing requirements
constitutional claims)                                 with varying results, 19 PLR 1065 (2000)
                                                    South Carolina court affirms denial of certificate
SHERMAN ANTITRUST ACT (See also                        for chain link fence in Beaufort historic dis-
ANTITRUST CLAIMS)                                      trict, 14 PLR 1054 (1995)

Master Index                  Preservation Law Reporter                                 22 PLR 2103
South Carolina court issues decision in Lucas             Constitution; subsequently grants reargument,
   property rights case, 11 PLR 1183 (1992)               10 PLR 1109 (1991)
South Carolina Supreme Court upholds charita-          Robb v. Shockoe Slip Foundation (Virginia
   ble trust to preserve Charleston historic prop-        Supreme Court holds section of Virginia Con-
   erties, 17 PLR 1061 (1998)                             stitution not self executing), 4 PLR 3022
State RFRA laws enacted in three more states, 18          (1985)
   PLR1158 (1999)                                      Shockoe Slip Foundation arguments, 4 PLR
U.S. Supreme Court decides Lucas property                 1014 (1985)
   rights case; narrow ruling should not affect        Shockoe Slip Foundation v. Dalton (demolition
   preservation law, 11 PLR 1085 (1992)                   of state building listed on National Register),
U.S. Supreme Court decides to hear three prop-            1 PLR 3083 (1982)
   erty rights cases, 10 PLR 1180 (1991)               State of Washington v. City of Seattle (property
Wolper v. City Council of Charleston (South               owned by state agencies may be subject to
   Carolina Supreme Court upholds state tax in-           regulation by local preservation commissions
   crement financing law and Charleston ordi-             when a state legislature has expressly author-
   nance authorizing waterfront revitalization), 5        ized municipalities to exercise and delegate
   PLR 3060 (1986)                                        such power), 2 PLR 3020 (1983)
                                                       Town of Chesterfield v. Brooks (state court
SOUTH DAKOTA                                              invalidates local ordinance restricting place-
Black Hills Alliance v. Regional Forester (costs          ment of manufactured housing and suggests
  awarded to environmental plaintiff in case de-          that community protect its character through
  clared moot), 3 PLR 3039 (1984)                         creation of local historic district), 4 PLR 3024
South Dakota enacts new historic preservation             (1984)
  legislation, 14 PLR 1061 (1995)                      Washington Court of Appeals rules church may
South Dakota Supreme Court rules city lacks               disregard Seattle preservation ordinance, 14
  authority to deny demolition permit, 15 PLR             PLR 1001 (1995)
  1021 (1996)                                          Washington Supreme Court finds Seattle historic
South Dakota Supreme Court strikes down stat-             preservation ordinance impinges on church's
  ute allowing neighboring property owners to             free exercise of religion, 9 PLR 1039 (1990)
  block rezoning, 16 PLR 1186 (1997)                   Washington Supreme Court rules application of
South Dakota Supreme Court upholds hotel-                 demolition delay ordinance to historic school
  gaming project over state’s objection, 19 PLR           infringes on free exercise of religion under
  1202 (2000)                                             state constitution, 16 PLR 1001 (1997)
Tax increment financing and easement laws              Washington Supreme Court rules landmark
  enacted in North and South Dakota, 2 PLR                nomination of Seattle church violates Free
  1026 (1983)                                             Exercise Clause of Religion, 15 PLR 1079
Two recent decisions show difficulty of winning           (1996)
  § 1983 due process challenges of local preser-       Washington Supreme Court rules that Seattle's
  vation and zoning actions, 12 PLR 1134                  landmarks ordinance violates Church's free
  (1993)                                                  exercise rights, 11 PLR 1175 (1992)

SPECIAL EXCEPTIONS AND PERMITS                         STATE ENVIRONMENTAL
(See LAND USE REGULATION)                              PROTECTION STATUTES (See also
                                                       LEGISLATION, STATE and STATE
STANDING (See COURTS AND                               HISTORIC PRESERVATION STATUTES)
PROCEDURE)                                             ALASKA
                                                       Alaska Supreme Court finds state review of
STATE CONSTITUTIONS                                      archaeological resources inadequate in sale of
Massachusetts high court finds designation of            oil and gas leases, 12 PLR 1035 (1993)
  church interior violates state constitution's free
  exercise clause, 9 PLR 1151 (1990)                   CALIFORNIA
Nash v. City of Santa Monica (California Su-           California appeals court orders EIR for Oakland
  preme Court upholds anti-demolition provi-             demolition proposal, 16 PLR 1091 (1997)
  sion in Santa Monica rent control ordinance),        California appeals court rules EIR not required
  4 PLR 3001 (1985)                                      for proposed project involving rehabilitation
Pennsylvania Supreme Court reverses itself in            of designated resources, 15 PLR 1057 (1996)
  United Artists; Rules Philadelphia preserva-         California appeals court says ballot initiative on
  tion ordinance is constitutional, 12 PLR 1165          de-designation of historic properties is subject
  (1993)                                                 to CEQA, 18 PLR 1217 (1999)
Pennsylvania Supreme Court rules Philadelphia          California archeology laws amended, 3 PLR
  preservation ordinance violates Pennsylvania           1011 (1984)

22 PLR 2104                     Preservation Law Reporter                                  Master Index
California court finds environmental impact
  report inadequate due to failure to study         GEORGIA
  avoidance of archaeological sites, 7 PLR 2030     Georgia, Missouri, and Texas adopt new preser-
  (1988)                                              vation legislation; Oregon and Virginia con-
California judge upholds partial demolition of        sider just compensation issues, 10 PLR 1104
  historic Jose Theater, 17 PLR 1220 (1998)           (1991)
Connecticut and California courts address rela-
  tionship between "ministerial" and "discre-       MASSACHUSETTS
  tionary" acts in preservation context, 12 PLR     Boston Preservation Alliance, Inc. v. Secretary of
  1110 (1993)                                         Environmental Affairs (state official allowed
Court holds that issuance of demolition permit is     to restrict scope of environmental impact re-
  not a discretionary act subject to the Califor-     port on land transferred from city to private
  nia Environmental Quality Act, 7 PLR 2030           developer), 5 PLR 3027 (1986)
  (1988)
Courts play a critical role in enforcing environ-   MINNESOTA
  mental laws affecting historic resources (Citi-   Economic impact of superstore on Northfield
  zens of Goleta Valley v. Board of Supervi-          historic district deemed “too tenuous” to sup-
  sors), 9 PLR 1068 (1990)                            port MERA claim, 19 PLR 1207 (2000)
Demolition of historic bungalow without envi-       Minnesota appeals court upholds construction of
  ronmental review violates CEQA, 13 PLR              athletic center in NHL as consistent with State
  1010 (1994)                                         Environmental Rights Act, 22 PLR 1028
Environmental Law Fund, Inc. v. Watsonville           (2004)
  (CEQA), 3 PLR 3003 (1984)                         Minnesota Court of Appeals upholds trial court’s
Foundation for San Francisco’s Architectural          decision not to require environmental assess-
  Heritage v. City and County of San Francisco        ment in Old Downtown Duluth case, 18 PLR
  (CEQA), 1 PLR 3098 (1982)                           1222 (1999)
Goleta Valley decision reversed on appeal; resort   Minnesota Supreme Court finds "prudent and
  hotel project given green light despite adverse     feasible alternatives" to demolition of historic
  archaeological and environmental impacts, 10        structure, 12 PLR 1025 (1993)
  PLR 1009 (1991)                                   Minnesota trial court declines to enjoin demoli-
Orinda Ass’n v. Board of Supervisors and              tion of historic armory under state environ-
  Friends of Orinda Theatre v. County of Contra       mental law, 11 PLR 1035 (1992)
  Costa (demolition permit requires review un-      Minnesota trial court "designates" historic dis-
  der California Environmental Quality Act), 5        trict, but authorizes demolition of five historic
  PLR 3020 (1986)                                     buildings in Old Downtown Duluth, 17 PLR
San Diego Trust & Savings Bank v. Friends of          1212 (1998)
  Gill (CEQA), 1 PLR 3009 (1982)
Topanga Assn. for a Scenic Community v.             NEW MEXICO
  County of Los Angeles (California court up-       New Mexico appeals court rules preservation
  holds approval of residential development           groups have standing to enforce state preser-
  project despite discovery of archaeological re-     vation act, but denies motion for preliminary
  sources), 8 PLR 3042 (1989)                         injunction, 13 PLR 1096 (1994)

CONNECTICUT                                         NEW YORK
ARTICLE: Gregory E. Andrews, “State Legisla-        Agency decision to fund nursing home project
  tive Initiatives: Connecticut,” (environmental       upheld against historic preservation claims, 16
  protection), 1 PLR 2071 (1982)                       PLR 1141 (1997)
Connecticut and California courts address rela-     Anderberg v. New York Dept. of Environmental
  tionship between "ministerial" and "discre-          Conservation (full environmental review un-
  tionary" acts in preservation context, 12 PLR        der state environmental quality act is not re-
  1110 (1993)                                          quired to replace rustic bridge adjacent to na-
Connecticut trial court rejects cell tower chal-       tional historic landmark), 7 PLR 2026 (1988)
  lenge under state environmental act, 22 PLR       Application of Viek v. Board of Trustees
  1028 (2004)                                          (SEQRA), 2 PLR 3036 (1983)
Several courts address preservation-related dis-    Citizens for the Preservation of Windsor Terrace
  putes around the country (Connecticut), 20           v. Smith (court permits condominium to be
  PLR 1031 (2001)                                      built across street from registered building), 6
Warner v. City of Norwich (Connecticut trial           PLR 3017 (1987)
  court construes portion of state environmental    Decision to remove Central Park bandshell is
  protection act covering historic structures), 4      subject to SEQRA and full landmarks com-
  PLR 3003 (1985)                                      mission review, 12 PLR 1054 (1993)

Master Index                  Preservation Law Reporter                                 22 PLR 2105
Fill the Pool Committee v. Village of Johnson         OFFICES (See also STATE
   City (SEQRA held applicable), 2 PLR 3049           ENVIRONMENTAL PROTECTION
   (1983)                                             STATUES; STATE HISTORIC
Historic district zoning challenged in New York       PRESERVATION STATUTES;
   State (John Jay home), 3 PLR 1008 (1984)           LEGISLATION, STATE and TAX
New York appeals court rules agency satisfied         LEGISLATION, STATE)
   SEQRA in addressing impact of mining op-           Administration’s 1985 budget recommends zero
   eration on archaeological resources, 16 PLR           funding for states and National Trust, 3 PLR
   1096 (1997)                                           1014 (1984)
New York appeals court upholds agency's issu-         Allocation of fiscal year 1985 Historic Preserva-
   ance of permit to construct RV campground             tion Fund appropriations, 4 PLR 1002 (1985)
   on historic property, 15 PLR 1032 (1996)           Benton Franklin Riverfront Trailway and Bridge
New York court reverses planning board's denial          Committee v. Lewis (failure of SHPO to per-
   of site plan approval to construct five radio         form survey duties), 2 PLR 3031 (1983)
   transmission towers near Roosevelt home, 10        California adopts preservation legislation pack-
   PLR 1098 (1991)                                       age (creates new SHPO), 4 PLR 1035 (1985)
New York courts address planning boards' ac-          Citizen taxpayer lacks standing to challenge tree
   tions affecting historic property under               removal on courthouse grounds, 7 PLR 2058
   SEQRA, 11 PLR 1075 (1992)                             (1988)
New York Environmental Quality Act ruled              Congress appropriates additional $25 million for
   inapplicable to building inspector's issuance         historic preservation projects, 2 PLR 1017
   of demolition permit, 9 PLR 1084 (1990)               (1983)
New York trial court clarifies relationship be-       Connecticut Historical Comm’n v. 89 Main
   tween preservation and zoning authority, 18           Assocs. Ltd. Partnership (Connecticut court
   PLR 1075 (1999)                                       applies state public trust statute to enjoin
New York trial court requires full environmental         demolition of historic structures), 8 PLR 3073
   impact determination for installation of traffic      (1989)
   signal in historic district, 12 PLR 1051 (1993)    D.C. Circuit concludes that it lacks appellate
New York trial court upholds SHPO decision not           jurisdiction in cell tower case, 22 PLR 1021
   to nominate bridge for National Register list-        (2004)
   ing but annuls New York DOT decision to re-        House approves appropriations for Historic
   place bridge, 10 PLR 1051 (1991)                      Preservation Fund and HUD, 4 PLR 1071
78th Street Mt. Neboh Preservation Committee v.          (1985)
   McCough (New York trial courts uphold ap-          Internal Revenue Service recognizes state his-
   proval by Landmarks Preservation Commis-              toric preservation office as a unit of govern-
   sion of demolition permit for designated land-        ment eligible to receive charitable contribu-
   mark), 2 PLR 3077 (1983)                              tion deduction, 1 PLR 1060 (1982)
SEQRA challenges raised in four New York              New preservation legislation in Florida (expands
   cases with mixed results, 22 PLR 1029 (2004)          SHPO authority), 4 PLR 1107 (1985)
Several courts address preservation-related dis-      Ohio Historic Preservation Office publishes
   putes around the country (New York), 20 PLR           model historic preservation provisions, 8 PLR
   1050 (2001)                                           1034 (1989)
Stay lifted by Supreme Court; Two Broadway            Oklahoma statute authorizes state preservation
   theaters demolished, 1 PLR 1034                       program, 2 PLR 1043 (1983)
                                                      Texas legislature considers changes to preserva-
WASHINGTON                                               tion programs (notice of state agency demoli-
Washington state amends statutes protecting              tion plans), 2 PLR 1029 (1983)
 quality of the built environment, 2 PLR 1035         Virginia creates Department of Conservation and
 (1983)                                                  Historic Resources, 3 PLR 1055 (1984)
Washington Supreme Court rules county satis-          Washington State proposal for independent
 fied SEPA in planning landfill project affect-          commission, 1 PLR 2061 (1982)
 ing cultural resources, 13 PLR 1031 (1994)
                                                      STATE HISTORIC PRESERVATION
WISCONSIN                                             STATUTES (See also LEGISLATION;
Town of Centerville v. Dept. of Natural Re-           STATE ENVIRONMENTAL PROTECTION
  sources (Wisconsin Court of Appeals requires        LAWS and STATE TASK FORCES)
  Department of Natural Resources to prepare          Agency decision to fund nursing home project
  environmental impact statement for proposed           upheld against historic preservation claims, 16
  landfill), 6 PLR 3045 (1986)                          PLR 1141 (1997)
                                                      Allen Realty .v City of Lawrence (Kansas court
STATE HISTORIC PRESERVATION                             upholds city's denial of permit to demolish

22 PLR 2106                    Preservation Law Reporter                                 Master Index
    church located in "environs" of national regis-    PRESERVATION LAW SUMMARY: Meridian
    ter property), 8 PLR 3075 (1989)                      Street Preservation Statute, 20 PLR 1150
Amendments of Kansas municipal zoning ordi-               (2001)
    nances require review by State Historic Pres-      Several courts address preservation-related dis-
    ervation Officer, 6 PLR 1024 (1987)                   putes around the country (New York), 20 PLR
Conservation Law Foundation v. Director of the            1051 (2001)
    Division of Water Pollution Control (Massa-        Sierra Club v. Board of Education of the City of
    chusetts appeals court gives narrow reading to        Buffalo (construction of school on park land
    state preservation statute) , 5 PLR 3041              is not in violation of state’s parks, recreation,
    (1986)                                                and historic preservation law), 5 PLR 3057
Constitutional validity of Kansas historic preser-        (1986)
    vation law affirmed; case remanded twice for       South Dakota enacts new historic preservation
    new hearing, 9 PLR 1144 (1990)                        legislation, 14 PLR 1061 (1995)
County of Stutsman v. State Historical Society         South Dakota Supreme Court upholds hotel-
    (North Dakota Supreme Court upholds state              gaming project over state’s objection, 19
    historical board’s authority to designate his-         PLR 1202 (2000)
    toric sites and rejects vagueness challenge to     State of Utah adopts new preservation legisla-
    state preservation law), 5 PLR 3003 (1986)            tion, 12 PLR 1063 (1993)
Ebert v. New York State Office of Parks, Recrea-       Texas legislature considers changes to preserva-
    tion, and Historic Preservation (New York             tion programs (notice of state agency demoli-
    court rules state agency exempt from local            tion plans), 2 PLR 1029 (1983)
    preservation ordinance), 5 PLR 3038 (1986)         Virginia adopts owner consent legislation, 11
Heimbach v. Williams (New York Supreme                    PLR 1068 (1992)
    Court directs Department of Environmental          Virginia Supreme Court to hear arguments in
    Conservation to publish notice of landfill ap-        Shockoe Slip Foundation case, 2 PLR 1044
    plication completeness), 6 PLR 3039 (1987)            (1983)
Illinois adopts "little section 106" provision, 8      Wisconsin enacts state "section 106" legislation
    PLR 1023 (1989)                                       and amends tax credit program, 8 PLR 1031
Kansas court finds citizen taxpayer lacks stand-          (1989)
    ing to challenge tree removal on historic
    courthouse grounds, 7 PLR 2058 (1988)              STATE ENABLING ACTS, HISTORIC
Kansas enacts historic preservation related legis-     PRESERVATION ORDINANCES
    lation, 8 PLR 1024 (1989)                          Alabama revises enabling legislation, 8 PLR
Kansas Supreme Court weakens state historic               1018 (1989)
    preservation act; upholds decision allowing        Amendments of Kansas municipal zoning ordi-
    construction of convenience store adjacent to         nances require review by State Historic Pres-
    historic house, 17 PLR 1048 (1998)                    ervation Officer, 6 PLR 1024 (1987)
Kansas trial court upholds decision to demolish        ARTICLE: Gregory E. Andrews, “State Legisla-
    historic hotel under Kansas preservation stat-        tive Initiatives: Connecticut,” (demolition de-
    ute, 18 PLR 1149 (1999)                               lay ordinances authorized), 1 PLR 2071
Kyo-ya Co., Ltd. v. Hawaii Historic Places Re-            (1982)
    view Board (historic register listing), 1 PLR      California superior court strikes down state law
    3012 (1982)                                           exempting religious property owners from lo-
Massachusetts clarifies state agency's role in            cal preservation laws, 15 PLR 1075 (1996)
    reviewing impacts of state licensing and per-      Connecticut enacts new preservation bills,
    mitting activities on historic properties, 8 PLR      (owner consent) 4 PLR 1107 (1985)
    1024 (1989)                                        Estate of Neuberger v. Township of Middletown
National Trust begins compilation of state laws,          (New Jersey appellate court affirms invalidity
    3 PLR 1010 (1984)                                     of preservation ordinance), 6 PLR 3015
Nevada enacts statutory provisions protecting             (1987)
    historic property and Indian remains and arti-     Estate of Neuberger v. Township of Middletown
    facts, 8 PLR 1025 (1989)                              (New Jersey superior court invalidates local
New Jersey appellate court paves way for shop-            preservation ordinance), 5 PLR 3018 (1986)
    ping center project in Beattystown Historic        Indiana enacts new preservation laws, 16 PLR
    District, 17 PLR 1153 (1998)                          1106 (1997)
New Mexico adopts "Prehistoric and Historic            Michigan Court of Appeals strikes down Ann
    Preservation Act", 8 PLR 1025 (1989)                  Arbor ordinance designating 73 non-
New preservation legislation in Florida (creates          contiguous properties as a single district, 20
    “106” law), 4 PLR 1107 (1985)                         PLR 1199 (2001)
Oklahoma statute authorizes state preservation         Montana reduces owner consent provisions for
    program, 2 PLR 1043 (1983)                            district designations and enacts other preser-

Master Index                    Preservation Law Reporter                                   22 PLR 2107
   vation legislation, 2 PLR 1027 (1983)              SUBDIVISIONS (See LAND USE
New Jersey attorney general determines city           REGULATION)
   lacks enabling authority to establish economic
   hardship variance procedure, 16 PLR 1121           SUBMERGED LANDS ACT (See also
   (1997)                                             ABANDONED SHIPWRECKS ACT and
New York state law does not authorize munici-         MARITIME/ ADMIRALTY LAW)
   pality to regulate ownership of historic site, 6   Marx v. Government of Guam (Ninth circuit
   PLR 3020 (1987)                                       finds Guam has colorable claim to ship-
North Carolina amends enabling legislation, 8            wrecked Spanish galleons under federal Sub-
   PLR 1027 (1989)                                       merged Lands Act and state territorial statute),
Preservation-related legislation adopted in four         8 PLR 3044 (1989)
   states (Indiana and Michigan), 11 PLR 1121         Sindia Expedition, Inc. v. Wrecked & Aban-
   (1992)                                                doned Vessel (district court holds New Jersey
Second Baptist Church v. Little Rock Historic            has colorable claim to abandoned shipwreck
   District Comm’n (Arkansas Supreme Court               under Submerged Lands Act), 8 PLR 3048
   upholds historic district commission’s denial         (1989)
   of parking lot application), 6 PLR 3006
   (1987)                                             SURFACE MINING CONTROL AND
South Dakota Supreme Court rules city lacks           RECLAMATION ACT (See also
   authority to deny demolition permit, 15 PLR        DEPARTMENT OF INTERIOR, U.S.)
   1021 (1996)                                        Appeals court rejects antitrust challenge to dona-
Southland Corp. v. City of Boston (Massachu-             tion of land and easements with mineral rights
   setts trial court holds that 90-day interim pro-      to preservation organization, 21 PLR 1162
   tection period does not apply to pending archi-       (2002-3)
   tectural conservation districts), 4 PLR 3041       Creation of historic site may result in taking of
   (1985)                                                mining rights, but Claims Court holds that
State legislation project published on enabling          administrative remedies must be exhausted
   legislation and easements, 3 PLR 1070 (1984)          first, 4 PLR 1101 (1985)
States adopt new measures to preserve historic        Federal appeals court upholds OSM interpreta-
   buildings (Mississippi enabling act revised),         tion of SMCRA that precludes protection of
   20 PLR 1217 (2001)                                    historic properties from subsidence, 21 PLR
States considering new enabling legislation for          1193 (2002-03)
   local preservation commissions, 4 PLR 1034         Interior Department revising surface coal mining
   (1985)                                                regulations, 1 PLR 1054 (1982)
West Virginia enacts comprehensive preserva-          Office of Surface Mining required to expand
   tion legislation, 8 PLR 1031 (1989)                   protection of cultural resources, 4 PLR 1080
                                                         (1985)
STATE TASK FORCES                                     Proposed changes to coal management program
ARTICLE: Gregory E. Andrews, “State Legisla-             rules would weaken protection for historic
   tive Initiatives: Connecticut, 1 PLR 2071             properties, 2 PLR 1024 (1983)
   (1982)                                             Revised surface coal mining regulations released,
ARTICLE: Elizabeth F. Jones, “State Legislative          2 PLR 1010 (1983)
   Initiatives: Kentucky,” 1 PLR 2074 (1982)          Surface coal mining regulations draw legal chal-
ARTICLE: Dawn Maddox, “Update on Recom-                  lenge, 3 PLR 1009 (1984)
   mendations of Connecticut‘s Heritage Task          U.S. district court invalidates federal surface
   Force,” 4 PLR 2030 (1985)                             mining regulations, 10 PLR 1151 (1991)
ARTICLE: Nancy C. Shanahan, “State Legisla-
   tive Task Forces in the West,” 1 PLR 2061          SYNDICATIONS (See REAL ESTATE
   (1982)                                             DEVELOPMENT)
State legislative task forces established, 5 PLR
   1045 (1986)                                                                T
Tennessee and North Carolina creates historic
   preservation study commissions, 6 PLR 1025         TAKINGS LEGISLATION (See also
   (1987)                                             EMINENT DOMAIN; PROPERTY RIGHTS
Virginia task force issues report, 8 PLR 1029         LEGISLATION and TAKINGS,
   (1989)                                             REGULATORY)
Washington state issues final task force report, 8    Congress considers bills affecting preservation
   PLR 1030 (1989)                                      interests; passes maritime heritage law, protec-
Wisconsin Historic Preservation Tax Force re-           tions for California ghost town, 13 PLR 1187
   port published, 6 PLR 1030 (1987)                    (1994)
                                                      Executive order requires assessment of takings

22 PLR 2108                    Preservation Law Reporter                                  Master Index
  implications of federal actions that affect pri-     Constitutional validity of Kansas historic preser-
  vate property rights, 8 PLR 1006 (1989)                vation law affirmed; case remanded twice for
Georgia, Missouri, and Texas adopt new preser-           new hearing, 9 PLR 1144 (1990)
  vation legislation; Oregon and Virginia con-         Creation of historic site may result in taking of
  sider just compensation issues, 10 PLR 1104            mining rights, but Claims Court holds that
  (1991)                                                 administrative remedies must be exhausted
"Property rights" bills introduced in Congress           first, 4 PLR 1101 (1985)
  and 31 states, 12 PLR 1088 (1993)                    Denial of permit to demolish historic monastery
Takings legislation continues to be introduced           and chapel found unconstitutional, 15 PLR
  before state legislatures and the U.S. Con-            1167 (1996)
  gress; six states enact laws, 13 PLR 1190            Department of Natural Resources v. Indian Coal
  (1994)                                                 Council, Inc. (Indiana Supreme Court holds
"Takings" legislation enacted in 11 states; Wash-        designation of archaeological site as unsuit-
  ington state voters reject "takings" initiative in     able for coal mining is not a "taking"), 8 PLR
  November ballot, 14 PLR 1221 (1995)                    3014 (1989)
                                                       Designation of Broadway theaters affirmed on
TAKINGS, REGULATORY (See also                            appeal, 10 PLR 1077 (1991)
EMINENT DOMAIN and TAKINGS,                            Designation of New York's Broadway theatres
LEGISLATION)                                             upheld against major constitutional challenge,
Appeals court rules owners of Pittsburgh land-           9 PLR 1006 (1990)
  mark met burden of proof in establishing eco-        Developers file complaints seeking compensa-
  nomic hardship, 13 PLR 1197 (1994)                     tion for Manassas Battlefield legislative tak-
Appellate court affirms New York City's refusal          ing, 8 PLR 1008 (1989)
  to permit use of Grand Central TDRs for 74-          DGM Partners-Rye v. City of Rye (New York
  Story Building, 13 PLR 1063 (1994)                     courts uphold historic designation and demoli-
Application of Levine (window permit denial), 2          tion denial for Alansten, Jay Family Estate, in
  PLR 3038 (1983)Article on measuring dam-               Rye, New York), 8 PLR 3060 (1989)
  ages in takings cases published, 11 PLR 1119         D.C. Circuit rejects takings claim by owner
  (1992)                                                 seeking to build townhouses on subdivided
ARTICLE: David Bonderman, “Court of Claims               lawn of historic apartment complex, 18 PLR
  Reviews `Taking’ Issue, Limits Use of Inverse          1198 (1999)
  Condemnation Argument,” 1 PLR 2018                   Dredge and fill permit denial, 1 PLR 2018
  (1982)                                                 (1982)
ARTICLE: David A. Doheny and Paul W.                   Economics of rehabilitation and adaptive uses
  Edmondson, “The 1987 Supreme Court “Tak-               are a factor in demolition control validity, 2
  ings” Trilogy: Historic Preservation Controls          PLR 3005 (1983)
  Are Not Endangered,” 6 PLR 2001 (1987)               Eighth Circuit upholds zoning ordinance chal-
ARTICLE: Carolyn J. Hamm, “When the Bull-                lenged on the basis of antitrust, substantive
  dozer Should Win: A Survey of Laws and                 and procedural due process, and taking claims,
  Cases Authorizing Demolition of Historic Re-           5 PLR 3014 (1986)
  sources, 1 PLR 2076 (1982)                           Federal appeals court panel rules rails-to-trail
ARTICLE: Jerold Kayden, “Historic Preserva-              law did not "take" property interest of adja-
  tion and the New Takings Cases: Landmarks              cent landowners, 14 PLR 1205 (1995)
  Preserved,” 14 PLR 1235 (1995)                       Federal Circuit rules property interest taken by
ARTICLE: Oliver A. Pollard, III, “Minimum                creation of hiker/biker trail under National
  Maintenance Provisions: Preventing Demoli-             Trail Systems Act, 15 PLR 1194 (1996)
  tion by Neglect,” 8 PLR 2001 (1989)                  Federal claims court denies summary judgment
Atlanta and Rochester successfully defend                in takings case involving Pennsylvania Ave-
  against "takings" claims for denying demoli-           nue historic properties, 14 PLR 1049 (1995)
  tion permits, 9 PLR 1013 (1990)                      Federal district court dismisses constitutional
Broad-based challenge to Miami Ordinance                 challenge to Castine, Maine preservation or-
  dismissed; Designation of Bayside Historic             dinance, 20 PLR 1175 (2001)
  District upheld, 12 PLR 1172 (1993)                  Federal district court rejects takings claim by
Burrows v. City of Keene, 1 PLR 3037 (open               owners of historic apartment building seeking
  space zoning) (1982)                                   to build townhouses on adjacent lawn, 17 PLR
Claims court rejects takings claim under "Rails-         1141 (1998)
  to-Trails" statute, 11 PLR 1186 (1992)               Federal district court upholds Chicago's preser-
Colorado appeals court rules imposition of in-           vation ordinance against constitutional chal-
  terim moratorium on development did not re-            lenge, 11 PLR 1006 (1992)
  sult in compensable regulatory taking, 14 PLR        Federal district court upholds denial of permit to
  1103 (1995)                                            demolish Chicago landmarks in broad-based

Master Index                    Preservation Law Reporter                                  22 PLR 2109
   lawsuit, 14 PLR 1087 (1995)                          under Historic Preservation Ordinances, 18
Final decision in United Artists case still pend-       PLR 1069 (1999)
   ing; supplemental briefing ordered, 11 PLR         LAW SUMMARY: Basic Principles of Takings
   1101 (1992)                                          Jurisprudence, 18 PLR 1062 (1999)
First English Evangelical Lutheran Church v.          LAW SUMMARY: Supreme Court Takings
   County of Los Angeles (on remand from U.S.           Cases at a Glance, 18 PLR 1059 (1999)
   Supreme Court, California court of appeal          Lubelle v. Rochester Preservation Board (New
   holds interim construction moratorium is not         York supreme court rejects takings claim
   an unconstitutional "taking"), 8 PLR 3010            based on denial of permission to demolish his-
   (1989)                                               toric structure), 7 PLR 2008 (1988)
Fitger Brewing Co. v. State (Minnesota Court of       MacDonald, Sommer, Frates v. Yolo County
   Appeals holds that a proposed condemnation           (Supreme Court declines to reach the merits in
   is not a compensable taking), 6 PLR 3037             regulatory “taking” case), 5 PLR 3015 (1986)
   (1997)                                             MacLeod v. County of Santa Clara (denial of
Florida appeals court rejects facial challenge to       timber cutting permit for land not otherwise
   designation of historic district in Miami, 13        economically profitable held not a taking), 4
   PLR 1179 (1994)                                      PLR 3051 (1985)
Florida courts uphold local laws restricting de-      Maine court rules order directing owner to repair
   velopment on historic and environmentally            historic property is an unlawful "taking," 12
   sensitive land, 9 PLR 1057 (1990)                    PLR 1195 (1993)
Florida Rock Industries, Inc. v. United States        Massachusetts Supreme Judicial Court upholds
   (denial by Army Corps of Engineers of dredge         denial of mining permit against takings claim,
   and fill permit for 98 acres of Florida wetlands     16 PLR 1111 (1997)
   held taking of land purchased for limestone        Michigan court finds facial challenge to constitu-
   mining), 4 PLR 3036 (1985)                           tionality of historic district challenge ripe for
Fourth Circuit upholds sign ordinance against           review, 22 PLR 1010 (2004)
   takings challenge, 13 PLR 1086 (1994)              Michigan Court of Appeals upholds enforcement
Glisson v. Alachua County (Florida court up-            of Ypsilanti preservation ordinance against
   holds constitutional validity of county ordi-        free exercise and takings claims, 17 PLR 1195
   nance regulating land use and development on         (1998)
   historic and environmentally sensitive lands),     Minnesota court dismisses inverse condemnation
   7 PLR 2007 (1988)                                    challenge to state human burial remains stat-
Gunther v. Groton Historic District Comm’n              ute, 9 PLR 1158 (1990)
   (permit denial), 1 PLR 3011 (1982)                 Nash v. City of Santa Monica (rent control ordi-
Harris Trust & Savings Bank v. Duggan (down-            nance), 2 PLR 3053 (1983)
   zoning and designation) 1 PLR 3079 (1982)          New articles and conferences (takings law), 9
Historic district zoning challenged in New York         PLR 1150 (1990)
   State (John Jay home), 3 PLR 1008 (1984)           New Jersey Supreme Court upholds state law
Idaho Supreme Court upholds downzoning of               protecting environmentally sensitive pinelands
   property to help preserve city's "aesthetic val-     area, 10 PLR 1133 (1991)
   ues" and "economic vitality of downtown            New York appeals court upholds conditioning
   business core," 15 PLR 1027 (1996)                   issuance of demolition permit on approval of
Iowa Supreme Court rejects takings challenge to         new construction plans, 9 PLR 1094 (1990)
   state law prohibiting destruction of ancient       New York appellate court reverses lower court,
   burial mounds, 13 PLR 1141 (1994)                    upholds Buffalo Common Council designa-
“Is the Penn Central Three-Factor Test Ready            tion of former rectory, 15 PLR 1015 (1996)
   for History’s Dustbin?” (John Echeverria), 52      New York cases address validity of landmark
   Land Use Law & Zoning Digest 1 (Jan. 2000),          designations, 10 PLR 1149 (1991)
   18 PLR 1204 (1999)                                 New York court affirms interior designation of
Kyo-ya Co., Ltd. v. Hawaii Historic Places Re-          Four Seasons Restaurant, 11 PLR 1115 (1992)
   view Board (historic register listing), 1 PLR      New York trial court affirms city's denial of
   3012 (1982)                                          request to subdivide property in historic dis-
Lai v. City of Honolulu (Ninth circuit holds            trict, 7 PLR 2048 (1988)
   inverse condemnation action challenging            New York's highest court upholds interior desig-
   height restriction ordinance protecting historic     nation of Four Seasons Restaurant, 12 PLR
   and scenic attraction is not ripe for review), 7     1145 (1993)
   PLR 2006 (1988)                                    900 G Street Associates v. Dept. of Housing and
Landmark Justice: The Influence of William J.           Community Dev., 1 PLR 3001 (1982)
   Brennan on America's Communities, 8 PLR            Ohio appeals court rules City of Dayton improp-
   1033 (1989)                                          erly denied demolition request, 12PLR 1065
 LAW SUMMARY: Assessing Economic Claims                 (1993)

22 PLR 2110                    Preservation Law Reporter                                  Master Index
Ohio Court of Appeals reverses city decision to            law an unconstitutional "taking"), 8 PLR 3018
   deny rezoning of land within village green, 13          (1989)
   PLR 1211 (1994)                                      Second Circuit affirms St. Bart's decision: appli-
Ohio Supreme Court rules property owner not                cation of landmark laws to church-owned
   entitled to compensation for alleged taking, 18         structure upheld under first and fifth amend-
   PLR 1069 (1999)                                         ments, 9 PLR 1103 (1990)
Ohio trial court finds Dayton's historic preserva-      Seventh Circuit affirms demolition permit denial
   tion ordinance to be unconstitutional, 11 PLR           in International College of Surgeons, 17 PLR
   1001 (1992)                                             1133
Osborn v. City of Cedar Rapids (extended con-           Several courts address preservation-related dis-
   demnation proceedings held a taking), 2 PLR             putes around the country (Michigan), 20 PLR
   3062 (1983)                                             1046 (2001)
Other state courts have uniformly rejected tak-         Sleeper v. Old King’s Highway Regional His-
   ings or police power challenges to historic             toric District Comm’n (permit denial), 1 PLR
   preservation regulation, 10 PLR 1117 (1991)             3031 (1982)
Pennsylvania court rejects challenge to state           Society for Ethical Culture v. Spatt, 1 PLR 3005
   national register nomination, 12 PLR 1105               (1982)
   (1993)                                               South Carolina court issues decision in Lucas
Pennsylvania court upholds denial of permit to             property rights case, 11 PLR 1183 (1992)
   demolish Victorian hotel, 12 PLR 1190 (1993)         State v. Jones (aesthetic regulation in North
Pennsylvania Supreme Court reverses itself in              Carolina), 2 PLR 3022 (1983)
   United Artists; Rules Philadelphia preserva-         Status quo preserved on Capitol Hill, 17 PLR
   tion ordinance is constitutional, 12 PLR 1165           1235 (1998)
   (1993)                                               Supreme Court agrees to hear two cases bearing
Pennsylvania Supreme Court reverses Weinberg,              on preservation issues (Flores v. City of
   rejecting takings claim, 15 PLR 1086 (1996)             Boerne and Suitum v. Tahoe Reg’l Planning
Pennsylvania Supreme Court rules Philadelphia              Agency), 15 PLR 1145 (1996)
   preservation ordinance violates Pennsylvania         Supreme Court broadens “public use” for taking
   Constitution; subsequently grants reargument,           purposes and Georgia trial court strengthens
   10 PLR 1109 (1991)                                      procedural requirements for nongovernmental
Pennsylvania Supreme Court upholds denial of               entities using condemnation powers, 3 PLR
   permit to demolish historic building, 16 PLR            1035 (1984)
   1007 (1997)                                          Supreme Court declines to review Georgia tak-
Pennsylvania trial court paves way for demoli-             ings case upholding landscaping requirement
   tion of historic house, 13 PLR 1068 (1994)              under Dolan, 14 PLR 1242 (1995)
Permission to submit a supplemental authority in        Supreme Court sets argument date for Tennessee
   United Artists case denied, 12 PLR 1127                 land-use regulation case, 4 PLR 1034 (1985)
   (1993)                                               Survey of cases and ordinances on demolition
Preseault v. Interstate Commerce Commission                controls, 1 PLR 2076 (1982)
   (Federal "railbanking" law does not effect tak-      Takings challenges rejected in New York and
   ing of reversionary interest in rail corridors), 7      Illinois, 22 PLR 1008 (2004)
   PLR 2004 (1988)                                      The Committee to Save Mount Neboh v. New
Preservation lawyers respond to the takings                York City Landmarks Preservation Commis-
   challenge, 8 PLR 1035 (1989)                            sion (New York trial courts uphold approval
Real estate attorney explores arguments to sup-            by Landmarks Preservation Commission of
   port rule allowing consideration of govern-             demolition permit for designated landmark), 2
   mental benefits in regulatory takings claims,           PLR 3077 (1983)
   15 PLR 1036 (1996)                                   Trial court upholds interior designation of Four
Rector, Wardens & Members of the Vestry of St.             Seasons Restaurant by New York City preser-
   Bartholomew’s Church v. City of New York                vation commission, 9 PLR 1117 (1990)
   (federal district court holds application of         Unanimous Supreme Court rejects takings claim
   landmark law to church does not violate first           in pension case, relying on Penn Central, 12
   amendment or result in taking of property               PLR 1085 (1993)
   without compensation), 8 PLR 3001 (1989)             U.S. Court of Appeals for the D.C. Circuit up-
Rohn v. City of Visalia (California court orders           holds agency conditions on license for historic
   removal of condition requiring dedication of            hydroelectric project, 16 PLR 1075 (1997)
   land for road realignment in connection with         U.S. Supreme Court agrees to hear "taking" case,
   approval to convert historic mansion to office          12 PLR 1200 (1993)
   space), 8 PLR 3013 (1989)                            U.S. Supreme Court bolsters Penn Central tak-
Seawall Assocs. v. City of New York (New York              ings test; rejects claim that moratoriums on
   court finds single room occupancy housing               development may result in per se takings, 21

Master Index                    Preservation Law Reporter                                   22 PLR 2111
  PLR 1113 (2002-03)                                Legislation introduced in 1989 (Community
U.S. Supreme Court considers interim damages          Revitalization Tax Act of 1989), 8 PLR 1001
  in taking case, 4 PLR 1009 (1985)                   (1989)
U.S. Supreme Court decides Lucas property
  rights case; narrow ruling should not affect      EASEMENTS (See also TREASURY
  preservation law, 11 PLR 1085 (1992)              REGULATIONS)
U.S. Supreme Court decides second property          Congressional committee recommends drastic
  rights case; rejects physical takings claim, 11     changes to tax incentives for preservation
  PLR 1061 (1992)                                     easements, 22 PLR 1036 (2004)
U.S. Supreme Court decides to hear three prop-
  erty rights cases, 10 PLR 1180 (1991)             ECONOMIC RECOVERY TAX ACT of 1981
U.S. Supreme Court denies review of unsuccess-      ARTICLE: Aubra H. Anthony, Jr., “1982 Legis-
  ful takings challenge to landmarking of 22           lative Changes in the Federal Tax Incentives
  Broadway theaters, 11 PLR 1071 (1992)                for Historic Preservation,” 1 PLR 2087 (1982)
U.S. Supreme Court dismisses appeal in Santa        ARTICLE: Aubra H. Anthony, Jr., “Summary of
  Monica rent control case, 4 PLR 1050 (1985)          Preservation Tax Incentives in the Economic
U.S. Supreme Court dismisses first of three            Recovery Tax Act of 1981, 1 PLR 2001
  property rights cases, 11 PLR 1052 (1992)            (1982)
U.S. Supreme Court grants review in Monterey,       Economic Recovery Tax Act prospects for tech-
  California takings case, 17 PLR 1067 (1998)          nical corrections bill: joint committee blue
U.S. Supreme Court hears two major takings             book available, 1 PLR 1019 (1982)
  cases, 22 PLR 1007 (2004)                         ERTA technical corrections act approved by
U.S. Supreme Court reaffirms Penn Central              Congress, 1 PLR 1002 (1983)
  principles in takings case, 20 PLR 1136           Legislation to restrict tax benefits in transactions
  (2001)                                               involving tax-exempt entities advances in
U.S. Supreme Court rejects claim that federal          Congress, 2 PLR 1037 (1983)
  "railbanking" law violates takings clause of      Preservation investment tax credit revised, 1 PLR
  fifth amendment, 9 PLR 1027 (1990)                   1046 (1982)
U.S. Supreme Court resolves two religious prop-     Sale-and-leaseback of historic properties by
  erty cases in favor of local preservation pro-       agencies and nonprofit organizations (ERTA),
  tections: First Covenant decision vacated and        1 PLR 1020 (1982)
  remanded; court denies certiorari in St. Bar-     Technical corrections act held over to lame duck
  tholomew's, 10 PLR 1041 (1991)                       session, 1 PLR 1057 (1982)
U.S. Supreme Court rules for developer in latest    Technical corrections bill introduced, 1 PLR
  takings case: requires "rough proportionality"       1027 (1982)
  for development exactions, 13 PLR 1103            25% tax credit for rehabilitating historic struc-
  (1994)                                               tures (Economic Recovery Tax Act), 1 PLR
U.S. Supreme Court rules takings claim involv-         1003 (1982)
  ing Tahoe TDR program is ripe for review, 16
  PLR 1058 (1997)                                   ENTERPRISE ZONE EMPLOYMENT AND
U.S. Supreme Court upholds takings claim in Del     DEVELOPMENT ACT OF 1983
  Monte Dunes case, 18 PLR 1053 (1999)              Hearings held on enterprise zone legislation, 3
Williamson County Regional Planning Comm’n            PLR 1003 (1984)
  v. Hamilton Bank (U.S. Supreme Court re-
  verses Sixth Circuit “taking” opinion on ripe-    GOVERNMENTAL LEASING ACT OF 1983
  ness grounds), 4 PLR 3031 (1985)                  Legislation to restrict tax benefits in transactions
Wisconsin court upholds local government's            involving tax-exempt entities advances in
  efforts to maintain agricultural character of       Congress, 2 PLR 1037 (1983)
  town against inverse condemnation claim, 7        Ways and Means Committee considers sale-and-
  PLR 2011 (1988)                                     leaseback transactions involving units of gov-
Wisconsin Supreme Court rejects segmentation          ernment and tax-exempt entities, 2 PLR 1031
  of property interests to assess takings claims,     (1983)
  16 PLR 1011 (1997)
                                                    HISTORIC HOMEOWNERS ASSISTANCE
TAX INCREMENT FINANCING (See                        ACT
REAL ESTATE DEVELOPMENT)                            Historic Homeowner Assistance Act introduced
                                                       in Congress, 16 PLR 1103 (1997)
TAX LEGISLATION, FEDERAL                            Status quo preserved on Capitol Hill, 17 PLR
COMMUNITY REVITALIZATION TAX ACT                       1235 (1998)
Community Revitalization Tax Act proposed, 7
  PLR 1004 (1988)                                   OMNIBUS BUDGET RECONCILIATION ACT

22 PLR 2112                   Preservation Law Reporter                                  Master Index
Congress enacts tax law revisions: individuals            and other qualified conservation contribu-
  and nonprofits affected, 6 PLR 1033 (1987)              tions, Preservation easements: tax regulations
                                                          update, 1 PLR 1035 (1982)
REGULATIONS, DEPARTMENT OF                             IRS issues rulings on charitable gifts for conser-
INTERIOR (NATIONAL PARK SERVICE)                          vation purposes: draft regulations expected in
Controversial revisions to federal tax incentive          November, 1 PLR 1059 (1982)
   regulations pending at the U.S. Department of       Preservation easements: proposed tax regulations
   the Interior, 2 PLR 1011 (1983)                        pending review in treasury department, 1 PLR
Interior amends regulation for certification of           1002 (1982)
   historic building rehabilitations, 3 PLR 3054       Regulations on qualified conservation contribu-
   (1984)                                                 tions issued by IRS, 4 PLR 1031 (1983)
National Park Service publishes final regulations      Treasury evaluates conservation easement con-
   for historic rehabilitation tax certification, 3       tributions; concludes more study is needed, 6
   PLR 1026 (1984)                                        PLR 1039 (1987)
National Park Service publishes proposed regula-
   tions on historic preservation tax certifica-       Lobbying
   tions, 2 PLR 1039 (1983)                            IRS issues final regulations on lobbying by
National Park Service revises certification regu-        charitable organizations, 9 PLR 1166 (1990)
   lations, including Secretary's rehabilitation
   standards, 9 PLR 1030 (1990)                        Rehabilitation Tax Credit
                                                       Bullard decision spurs changes in income tax
REGULATIONS, TREASURY                                    regulations, 7 PLR 1015 (1988)
Federal income taxes (IRS procedures revised), 3       IRS issues regulations on investment tax credit
   PLR 1015 (1984)                                       for qualified rehabilitated buildings, 4 PLR
IRS issues temporary regulations on tax-exempt           1071 (1985)
   entity leasing, 4 PLR 1092 (1985)                   Proposed rehabilitation tax rules issued, 7 PLR
Internal Revenue Service procedures, 2 PLR               1015 (1988)
   2068 (1983)
IRS publishes proposed regulations for Acceler-        TAX EQUITY AND FISCAL RESPONSIBILITY
   ated Cost Recovery System, 3 PLR 1024               ACT OF 1982
   (1984)                                              General explanation of TEFRA available, 2 PLR
IRS publishes proposed regulations relating to            1013 (1983)
   the substantial understatement penalty, 2 PLR       Legislation introduced to provide alternative to
   1020 (1983)                                            the 75 % of existing walls test for ITC, 2 PLR
New regulations pending review in Treasury                1049 (1983)
   Department, 1 PLR 1027 (1982)                       Legislation to restrict tax benefits in transactions
Proposed Treasury regulations, 1 PLR 1002,                involving tax-exempt entities advances in
   1060 (1982)                                            Congress, 2 PLR 1037 (1983)
Treasury Department tax proposals available, 4         Proposal for alternative to 75 percent of walls
   PLR 1028 (1985)                                        test, 3 PLR 1004 (1984)
Treasury Department tax reform proposal (spe-          Preservation investment tax credit revised, 1 PLR
   cial report), 4 PLR 1019 (1985)                        1046 (1982)

Charitable Contributions                               TAX REFORM ACT OF 1984
Final Treasury regulations revising income,            ARTICLE: Patrick G. Dooher, “The Effect of the
   estate and gift tax actuarial tables increase at-      Tax Reform Act of 1984 on Historic Preserva-
   tractiveness of sales of remainder interest as         tion Incentives,” 4 PLR 2001 (1985)
   estate planning tool, 3 PLR 1031 (1984)             ARTICLE: Jerry McCoy, “Effect of Tax Reform
IRS issues temporary regulations for substantia-          Act of 1984 on Charitable Planning,” 3 PLR
   tion of charitable contributions, 4 PLR 1024           2061 (1984)
   (1985)                                              ARTICLE: Kate M. Perry, “1984 Tax Reform
                                                          Act Leasing Provisions Affecting Historic
Easements                                                 Preservation,” 3 PLR 2066 (1983)
Easement valuation guidelines published, 3 PLR         ARTICLE: Kate M. Perry and Andrea J. Yank,
  1063 (1984)                                             “Tax-Exempt Leasing Bills: Side by Side
IRS holds public hearing on proposed easement             Analysis of Significant Provisions Affecting
  regulations, 2 PLR 1055 (1983)                          Historic Preservation,” 3 PLR 2045 (1984)
IRS issues final regulations for easements and         Highlights of the Tax Reform Act of 1984 affect-
  other qualified conservation contributions, 5           ing historic preservation (new substantiation
  PLR 1001 (1986)                                         rules), 3 PLR 1043 (1984)
IRS issues proposed regulations for easements          Joint Committee Blue Book available on 1984

Master Index                    Preservation Law Reporter                                   22 PLR 2113
   Tax Reform Act, 4 PLR 1029 (1985)                  New publications on state tax incentives now
President Reagan’s tax reform proposal includes          available, 19 PLR 1239 (2000)
   repeal of rehabilitation tax credit, 4 PLR 1055    New state legislation provides tax benefits for
   (1985)                                                historic preservation, 9 PLR 1086 (1990)
Rehabilitation tax credits curtailed in House tax     New York adopts conservation easement legisla-
   reform bill, 4 PLR 1089 (1985)                        tion, 3 PLR 1029 (1984)
Sale and leaseback of historic property may           Oregon enacts package of preservation legisla-
   qualify for ACRS deduction and investment             tion, 3 PLR 1021 (1984)
   tax credit under 1984 Tax Reform Act transi-       Preservation-related legislation adopted in four
   tion rules, 5 PLR 1042 (1986)                         states (Florida and Oklahoma), 11 PLR 1121
Tax Reform Act of 1984 requires written ap-              (1992)
   praisals for certain charitable donations, 3       Property tax abatement for rehabilitations threat-
   PLR 1017 (1984)                                       ened in Colorado, 2 PLR 1058 (1983)
Two preservation-related tax laws expire (demo-       Rhode Island establishes tax credit for restoration
   lition of certified historic structures and low-      or maintenance of historic houses and estab-
   income housing rehabilitation), 4 PLR 1005            lishes new grant program, 8 PLR 1029 (1989)
   (1984)                                             Sales tax to aid preservation in Missouri, 3 PLR
                                                         1070 (1984)
TAX REFORM ACT OF 1986                                Several states adopt preservation-related laws
Summary of provisions affecting historic preser-         (Missouri, New Jersey, North Carolina), 16
  vation in the Tax Reform Act of 1986, 5 PLR            PLR 1219 (1997)
  1021 (1986)                                         State income tax credit for certified rehabilitation
                                                         in New Mexico, 3 PLR 1028 (1984)
TAXPAYER RELIEF ACT OF 1997                           State legislative initiatives: Kentucky, 1 PLR
Estate tax break created for conservation ease-          2074 (1982)
  ment donors; ISTEA reauthorization delayed,         State of Utah adopts new preservation legisla-
  16 PLR 1222 (1997)                                     tion, 12 PLR 1063 (1993)
                                                      States adopt new measures to preserve historic
TAX LEGISLATION, STATE                                   buildings (Delaware, Indiana, Kansas, Rhode
ARTICLE: Nancy C. Shanahan, “State Legisla-              Island), 20 PLR 1214 (2001)
    tive Task Forces in the West,” 1 PLR 2061         Tax increment financing and easement laws
    (1982)                                               enacted in North and South Dakota, 2 PLR
Dallas preservation incentives, 2 PLR 1013               1026 (1983)
    (1983)                                            Tennessee nonprofit organizations obtain exemp-
Florida authorizes property tax abatements for           tion from amusement tax, 4 PLR 1085 (1985)
    development rights transfer, 3 PLR 1054           Washington State adopts property tax incentive,
    (1984)                                               4 PLR 1083 (1985)
Georgia creates comprehensive planning process        West Virginia enacts comprehensive preserva-
    and adopts property tax freeze for qualified         tion legislation, 8 PLR 1031 (1989)
    historic structures, 8 PLR 1022 (1989)            Wisconsin enacts state "section 106" legislation
Hawaii property tax exemption for historic house         and amends tax credit program, 8 PLR 1031
    owners enacted, 2 PLR 1027 (1983)                    (1989)
Historic preservation legislation enacted in sev-
    eral states, 19 PLR 1232 (2000)                   TAXATION, FEDERAL (See also
Illinois authorizes property tax freeze to encour-    DEPARTMENT OF TREASURY, U.S. REAL
    age rehabilitation of owner-occupied residen-     ESTATE DEVELOPMENT, TAX
    tial property in historic districts, 1 PLR 1061   LEGISLATION, FEDERAL)
    (1982)                                            ARTICLE: “Federal Taxation and the Preserva-
Indiana enacts new preservation laws, 16 PLR             tion of America’s Heritage Strategies,” 2 PLR
    1106 (1997)                                          2060 (1983)
Local incentives for rehabilitation (Dallas and       ARTICLE: D. French Slaughter, III, “The New
    New York), 1 PLR 1049 (1982)                         Tax Penalties for Taxpayers and Tax Advisors
Louisville tax moratorium encourages rehabilita-         and Their Implications for Tax Planning in
    tion, 4 PLR 1016 (1985)                              Historic Preservation,“ 3 PLR 2050 (1984)
Memphis downtown commission combines                  General Accounting Office issues report on
    public and private incentives for rehabilita-        historic preservation tax incentives, 3 PLR
    tion, 1 PLR 1047 (1982)                              1023 (1984)
New legislation for certified historic rehabilita-    Index of recent IRS rulings affecting historic
    tions enacted in Connecticut, Maine, Mary-           preservation, 4 PLR 1045 (1985)
    land, Michigan, and West Virginia, 18 PLR         Legislation amending tax treatment of imputed
    1163 (1999)                                          interest would extend real estate depreciation

22 PLR 2114                    Preservation Law Reporter                                   Master Index
   period to 19 years, 4 PLR 1070 (1985)               tion society to rehabilitate fraternity house are
Preservation law and tax planning for historic         not deductible, 12 PLR 1031 (1993)
   buildings scheduled for Baltimore, 3 PLR          IRS rules that funds donated to historic preserva-
   1056 (1984)                                         tion organization to rehabilitate house are not
Tax planning for old and historic buildings and        deductible because of benefit to the donor, 10
   fundamentals of historic preservation law, 3        PLR 1071 (1991)
   PLR 1071 (1984)                                   Partner’s distributive share of charitable deduc-
Tax planning for land conservation and historic        tions for a qualified conservation contribution
   preservation (publication), 3 PLR 1041 (1984)       is not subject to I.R.C. § 469 passive loss
Tax study under way, 1 PLR 1030 (1982)                 rules, 6 PLR 1040 (1987)
                                                     Rehabilitation grants excluded from gross in-
CHARITABLE CONTRIBUTIONS (See also                     come, 5 PLR 1042 (1986)
EASEMENTS)                                           Restrictive covenant on donated land ruled not a
ARTICLE: Jerry McCoy, “Effect of Tax Reform            retained partial interest, but value of donation
   Act of 1984 on Charitable Planning,” 3 PLR          must be reduced in light of restriction on use,
   2061 (1984)                                         5 PLR 1006 (1986)
ARTICLE: Elizabeth S. Merritt, “Basic Tax            Revenue rulings in brief: a donor who gave a
   Provisions Governing Charitable Contribu-           partial undivided remainder interest to a quali-
   tions,” 4 PLR 2069 (1985)                           fied charity is entitled to a charitable contribu-
Bullard decision spurs changes in income tax           tion, 6 PLR 1014 (1987)
   regulations, 7 PLR 1015 (1988)                    Tax court allows disproportionate allocation of
Charitable deduction denied to estate where will       charitable contribution deductions by joint
   expressed “wish” that property be donated to        donors, 8 PLR 1012 (1989)
   charity, 6 PLR 1021 (1987)                        Tax court and IRS remain strict on valuation of
Charitable deduction for donated prints limited        donations to museums, while Congress con-
   by tax court, 5 PLR 1049 (1986)                     siders easing restrictions on artists who donate
Charitable deductions allowed for donations to         their own work, 4 PLR 1093 (1985)
   city centennial fund, 5 PLR 1031 (1986)           Tax court invalidates appreciation reduction
Contribution to city for renovation of privately       regulations applicable to charitable deductions
   owned historic building ruled deductible, 5         for bargain sales, 5 PLR 1047 (1986)
   PLR 1010 (1986)                                   Tax court reduces donation deduction an alleged
Contributions to fund restoration of historic          Faberge desk set, 6 PLR 1012 (1987)
   buildings are deductible, IRS rules, 4 PLR        Tax court rulings: rehabilitation grant does not
   1078 (1985)                                         constitute taxable income, 6 PLR 1007 (1987)
Contributions to government committee for
   official portrait are tax deductible, 5 PLR       EASEMENTS
   1009 (1986)                                       ARTICLE: Thomas A. Coughlin, III, “Easements
Donation of land to municipality to preserve           and Other Legal Techniques to Protect His-
   local retail operation may be deducted as           toric Property in Private Ownership,” 6 PLR
   charitable contribution, 5 PLR 1009 (1986)          2031 (1987)
Donations to section 501(c)(2) tax-exempt or-        ARTICLE: Thomas A. Coughlin, III, “Preserva-
   ganizations for maintenance and preservation        tion Easements: Statutory and Tax Planning
   of historic buildings are deductible under          Issues,” 1 PLR 2011 (1982)
   I.R.C. § 170, 6 PLR 1020 (1987)                   ARTICLE: “Federal Taxation and the Preserva-
Donor of partial interest in land may deduct           tion of America’s Heritage Strategies,” 2 PLR
   contributions and will not be taxed on unreal-      2060 (1983)
   ized appreciation, 5 PLR 1007 (1986)              Controversial revisions to federal tax incentive
IRS allows private foundation to finance project       regulations pending at the U.S. Department of
   using investment income set asides as quali-        the Interior, 2 PLR 1011 (1983)
   fied distributions, 6 PLR 1041 (1987)             Court affirms IRS denial of charitable contribu-
IRS approves liquidation plan employing trust          tion for easement donation where mortgage
   device to avoid capital gains tax on charitable     not subordinated, 15 PLR 1116 (1996)
   contributions, 6 PLR 1043 (1987)                  Conveyance of a facade easement does not trig-
IRS issues rulings on charitable gifts for conser-     ger recapture of rehabilitation tax credit, 6
   vation purposes: draft regulations expected in      PLR 1016 (1987)
   November, 1 PLR 1059 (1982)                       Deductions allowed for easement donations, 5
Internal Revenue Service recognizes state his-         PLR 1004 (1986)
   toric preservation office as a unit of govern-    Donation of conservation easement over farm
   ment eligible to receive charitable contribu-       results in estate tax recapture, 8 PLR 1015
   tion deduction, 1 PLR 1060 (1982)                   (1989)
IRS rules that alumni funds donated to preserva-     Easement valuation guidelines published, 3 PLR

Master Index                  Preservation Law Reporter                                   22 PLR 2115
   1063 (1984)                                          ARTICLE: Thomas A. Coughlin, III, “Some
Florida authorizes property tax abatements for            Thoughts on Handling Easement Valuation
   development rights transfers, 3 PLR 1054               Disputes before the IRS and in the Courts,“ 5
   (1984)                                                 PLR 2018 (1986)
General Accounting Office issues report on              ARTICLE: Victor Penico, “Valuation of Preser-
   historic preservation tax incentives, 3 PLR            vation Easements,” 3 PLR 2069 (1984)
   1023 (1984)                                          Court decision that easement failed to reduce
Gift of façade and open space easement on prop-           value of taxable land upheld, 3 PLR 1036
   erty in National Register historic district quali-     (1984)
   fies under preservation of historically impor-       Easement valuation disputes persist, 3 PLR 1047
   tant land area conservation purpose, 3 PLR             (1984)
   1025 (1984)                                          Easement valuation guidelines published, 3 PLR
Historic trails added to National Trails System           1063 (1984)
   (conservation purposes test satisfied by his-        Facade donation litigation in 1988 (Nicoladis,
   toric trails easement donation), 2 PLR 1018            Losch and Richmond), 7 PLR 1005 (1988)
   (1983)                                               Hilborn v. Commissioner (Tax court upholds
IRS approves donation of preservation easements           valuation of facade easement in Vieux Carre
   to protect “Garden City” courtyards, 6 PLR             historic district at 10 percent of property’s
   1016 (1987)                                            market value), 5 PLR 3001 (1986)
IRS issues temporary regulations for substantia-        IRS auditing easement valuations, 2 PLR 1021
   tion of charitable contributions, 4 PLR 1024           (1983)
   (1985)                                               Land Trust Alliance releases third edition of
IRS letter ruling on easement protecting histori-         Appraising Easements, 19 PLR 1109 (2000)
   cally important land area, 2 PLR 1005 (1983)         Panel formed to develop guidelines for easement
Internal Revenue Service recognizes state his-            appraisals, 2 PLR 1045 (1983)
   toric preservation office as a unit of govern-       Second edition of Appraising Easements pub-
   ment eligible to receive charitable contribu-          lished, 9 PLR 1102 (1990)
   tion deduction, 1 PLR 1060 (1982)                    Tax court decides two significant easement
IRS rules that conveyance of preservation ease-           valuation cases, 6 PLR 1008 (1987)
   ment triggers partial recapture of rehabilita-       Tax court hands down two easement valuation
   tion tax credit, 8 PLR 1013 (1989)                     cases (Symington and Fannon), 5 PLR 1048
Letter ruling upholds contribution of historic            (1986)
   preservation easement, 4 PLR 1059 (1985)             Tax court holds 99-year preservation easement
Partner’s distributive share of charitable deduc-         not deductible, 4
   tions for a qualified conservation contribution      Tax Court rules 30-year term easement has value,
   is not subject to I.R.C. § 469 passive loss           3 PLR 1061 (1984)
   rules, 6 PLR 1040 (1987)                             Tax court sets value of facade easement at
Recent publications cover historic rehabilitations        twenty percent, 8 PLR 1009 (1989)
   and conservation easements, 3 PLR 1015               Tax court upholds major charitable contribution
   (1984)                                                 deduction for donation of conservation ease-
Tax court finds scenic easement is deductible as          ment, 9 PLR 1034 (1990)
   charitable contribution, 8 PLR 1011 (1989)           Tax court values preservation easement on build-
Tax court holds 99-year preservation easement             ing facade at one-third of building's value, 9
   nondeductible, 4 PLR 1044 (1985)                       PLR 1099 (1990)
Tax court rules that easement donation is a "dis-       Tax penalties for valuation overstatements, 2
   position" requiring partial recapture of reha-         PLR 2024 (1983)
   bilitation tax credit and basis reduction, 10        U.S. Claims Court rules that taxpayers trans-
   PLR 1086 (1991)                                        ferred value in scenic easement donation, 10
U.S. Claims Court rules that taxpayers trans-             PLR 1088 (1991)
   ferred value in scenic easement donation, 10         Update on Internal Revenue Service easement
   PLR 1088 (1991)                                        valuation position, 4 PLR 1006 (1985)
Village of Ridgewood v. Bolger Foundation (real         Valuation of conservation easement upheld, 10
   estate assessment may be reduced where a               PLR 1166 (1991)
   conservation easement has been granted in
   perpetuity to a qualified easement), 5 PLR           ESTATE TAX
   3062 (1986)                                          Donation of conservation easement over farm
                                                          results in estate tax recapture, 8 PLR 1015
Valuation and Appraisals                                  (1989)
ARTICLE: Thomas A. Coughlin, III, “Increased            Estate tax deduction is upheld where statutory
  Tax Penalties for Valuation Overstatements,”            rights of forced heirs are remote, 7 PLR 1014
  2 PLR 2034 (1983)                                       (1988)

22 PLR 2116                     Preservation Law Reporter                                 Master Index
General Accounting Office releases report of              tions (receiving federal funds), 2 PLR 1010
  effect of federal estate tax on historic proper-        (1983)
  ties, 7 PLR 1028 (1988)                              Preservation and federal election laws: Preserva-
                                                          tion PAC formed, 1 PLR 1059 (1982)
GRANTS
Individual grants for art history scholarship not      Real Estate/Rehabilitation Activities
   taxable expenditures under I.R.C. 4945, 6           ARTICLE: Fredrick B. Becker, “Partnerships
   PLR 1044 (1987)                                       with Historic Preservation Organizations in
IRS confirms that historic preservation grants-in-       Real Estate Development,” 1 PLR 2052
   aid are not taxable income, 2 PLR 1002                (1982)
   (1983)                                              ARTICLE: Tom C. Huston and Daniel H. Fitz-
Tax court rulings: rehabilitation grant does not         Gibbon, “Availability of Investment Tax
   constitute taxable income, 6 PLR 1007 (1987)          Credit to Purchasers of Qualified Rehabili-
                                                         tated Buildings from Tax-Exempt Entities,“
IMPUTED INTEREST                                         4PLR 2073 (1985)
Imputed interest compromise signed into law, 4         ARTICLE: Thomas C. Spring, “Tax Considera-
  PLR 1088 (1985)                                        tions for Section 501(c)(3) Organizations En-
Legislation amending tax treatment of imputed            gaged in Real Estate Development Activities,”
  interest would extend real estate depreciation         4 PLR 2047 (1985)
  period to 19 years, 4 PLR 1070 (1985)                Availability of investment tax credit to purchas-
                                                         ers of qualified rehabilitated buildings from
LOW INCOME HOUSING TAX CREDIT                            tax-exempt entities, 4 PLR 1076 (1985)
Deduction of losses allowed for low-income             Conference on syndicating affordable housing:
  housing rehabilitation project, 5 PLR 1013             opportunities and pitfalls for nonprofit organi-
  (1986)                                                 zations and local governments, 2 PLR 1046
IRS allows charity to serve as one of several            (1983)
  general partners in low-income elderly hous-         Development rights sold by nonprofit group not
  ing syndication, 2 PLR 1039 (1983)                     considered debt-financed property, 5 PLR
Partnership is entitled to both historic rehabilita-     1041 (1986)
  tion credit and low-income housing credit, 8         Digest of selected Internal Revenue Service
  PLR 1016 (1989)                                        rulings on real estate development by non-
                                                         profit organizations, 4 PLR 1046 (1985)
NEW MARKET TAX CREDIT                                  Expenditure for restoration of historically sig-
New Market Tax Credit offers funding source for          nificant personal property belonging to “dis-
  Main Street businesses, 20 PLR 1208 (2001)             qualified person” will not affect tax exempt
                                                         status of private foundation, 5 PLR 1050
NONPROFIT ORGANIZATIONS                                  (1986)
Lobbying                                               Foundation financing of inner-city revitalization
ARTICLE: Stephanie A. Ades, "Lobbying by                 program does not violated self-dealing rules, 5
  Historic Preservation Organizations: Under-            PLR 1006 (1986)
  standing the Rules," 13 PLR 1107 (1994)              Foundation’s restoration of historic mansion
ARTICLE: Mary Richards Bartlett, “Lobbying               before death of life tenant is not self-dealing,
  by Historic Preservation Organizations,” 2             5 PLR 1012 (1986)
  PLR 2001 (1983)                                      IRS allows charity to serve as one of several
ARTICLE: Kate Kadlec: “Preservation Advo-                general partners in low-income elderly hous-
  cacy: Learning How to Play by the Rules: An            ing syndication, 2 PLR 1039 (1983)
  Introduction to Federal Nonprofit Tax and            IRS allows nonprofits to enter into business-
  Lobbying Disclosure Laws,” 20 PLR 1119                 related partnerships, 2 PLR 1053 (1983)
  (2001)                                               IRS approves exempt organization’s participa-
IRS issues final regulations on lobbying by              tion in limited partnership to renovate vacant
  charitable organizations, 9 PLR 1166 (1990)            school for conversion to low- and moderate-
IRS issues opinion letter on lobbying by charita-        income housing, 5 PLR 1038 (1986)
  ble organizations, 19 PLR 1237 (2000)                IRS approves nonprofit group’s formation of
New proposed circular on restrictions on lobby-          limited partnership to buy assets of subsidiary,
  ing by federal grantees issued, 3 PLR 1007             4 PLR 1059 (1985)
  (1984)                                               IRS clarifies rules for exempt organizations
OMB issues final regulations—Circular A-122—             participating in limited partnerships, 5 PLR
  affecting lobbying activities of tax-exempt            1002 (1986)
  federal grant recipients, 3 PLR 1034 (1984)          IRS issues temporary regulations on tax exempt
Office of Management and Budget proposal                 entity leasing, 4 PLR 1092 (1985)
  would restrict lobbying by nonprofit organiza-       IRS letter rulings construing nonprofit real estate

Master Index                    Preservation Law Reporter                                  22 PLR 2117
  activities, 4 PLR 1003 (1985)                       Termination of private foundation status and
IRS ruling: investment tax credits and govern-          transfer of assets is not treated as a newly cre-
  ment leasing, 1 PLR 1052 (1982)                       ated organization for tax purposes, 6 PLR
Large donations for renovation of historic build-       1042 (1987)
  ing will not jeopardize organization’s exempt       Unrelated Business Income
  status, 5 PLR 1029 (1986)                           Book subsidy grant for publication of art book is
Loan to renovate historic building will not jeop-       not a taxable expenditure and would not gen-
  ardize exempt organization’s status or gener-         erate unrelated business income, 5 PLR 1028
  ate unrelated business taxable income, 5 PLR          (1986)
  1011 (1986)                                         Historic district’s sale of land does not result in
Use of 25 percent ITC by long-term lessee of            unrelated business income, 5 PLR 1011
  tax-exempt organizations, 2 PLR 1004 (1983)           (1986)
Ways and Means Committee considers sale-and-          Historic preservation organization does not incur
  leaseback transactions involving units of gov-        unrelated business tax as general partner in
  ernment and tax-exempt entities, 2 PLR 1031           renovation project, 5 PLR 1040 (1986)
  (1983)                                              Loan to renovate historic building will not jeop-
                                                        ardize exempt organization’s status or gener-
Tax Exempt Status                                       ate unrelated business income, 5 PLR 1011
ARTICLE Maite Barainca, “Planning to Avoid              (1986)
   Revocation of Tax-Exempt Status and Mini-          Museum gift shop sales relating to the organiza-
   mize its Adverse Consequences,” 3 PLR 2020           tion’s exempt functions are exempt from unre-
   (1984)                                               lated business tax, 5 PLR 1039 (1986)
ARTICLE: Andrea C. Ferster, “Congress Acts to         Sales of unsolicited Christmas cards by charita-
   Curb Excess Benefits by Nonprofit Insiders,”         ble organization held to result in unrelated
   15 PLR 1141 (1996)                                   business income tax liability, 6 PLR 1010
ARTICLE: Andrea C. Ferster, "Securing Tax               (1987)
   Exemption for `Main Street' Organizations:         Tax-exempt organization’s sale of property to
   Choosing the Right Classification," 13 PLR           taxable concern over ten-year period does not
   1041 (1994)                                          constitute a partnership and does not result in
Congress enacts tax law revisions: Individuals          unrelated business income, 6 PLR 1022
   and nonprofits affected, 6 PLR 1033 (1987)           (1987)
Creation of for-profit subsidiary will not jeopard-
   ize parent’s tax-exempt status, 6 PLR 1020         REHABILITATION TAX CREDITS
   (1987)                                             ARTICLE: “Federal Taxation and the Preserva-
Foundation grant to city for beautification is a        tion of America’s Heritage Strategies,” 2 PLR
   grant for charitable purposes, and a qualifying      2060 (1983)
   distribution rather than a taxable expenditure,    ARTICLE: Tom C. Huston and Daniel H. Fitz-
   5 PLR 1030 (1986)                                    Gibbon, “Availability of Investment Tax
Foundation’s employment of director/officer as          Credit to Purchasers of Qualified Rehabili-
   curator of historic plantation is not self-          tated Buildings from Tax-Exempt Entities,“
   dealing, 6 PLR 1023 (1986)                           4PLR 2073 (1985)
Foundation’s tax-exempt status revoked upon           ARTICLE: Jeremiah Luxemberger, “Getting to
   finding that it served trustees’ private inter-      `Substantially Rehabilitated’ in the Most Eco-
   ests, 6 PLR 1013 (1986)                              nomical Way: One Aspect of the Rehabilita-
Fundraising organization’s transfers to art mu-         tion Tax Credit,” 1 PLR 2036 (1982)
   seum do not trigger reporting to IRS under         Economic methods of qualifying as a substantial
   I.R.C. § 6050L, 5 PLR 1052 (1986)                    rehabilitation, 1 PLR 2036 (1982)
Historic preservation revolving fund is tax-          Memphis downtown commission combines
   exempt under 501(c)(3), 5 PLR 1026 (1986)            public and private incentives for rehabilita-
Internal Revenue Service releases section               tion, 1 PLR 1047 (1982)
   501(c)(25) guidelines - IRS notice 87-18, 6        National Park service issues rehabilitation statis-
   PLR 1006 (1987)                                      tics for fiscal year 1984, 4 PLR 1030 (1985)
Interrelated transactions between foundations do      National Park Service issues report on tax incen-
   not result in adverse tax consequences, 6 PLR        tives for fiscal year 1990, 10 PLR 1091 (1991)
   1018 (1987)                                        National Park Service publishes statistics on tax
Summary judgment motions denied in suit to              incentive program, 3 PLR 1024 (1984)
   recover self-dealing excise taxes from director    National Trust to develop model to assess na-
   of Rothko Foundation, 6 PLR 1011 (1987)              tional impacts of rehabilitation tax credit, 3
Taxable corporation established by hospital does        PLR 1014 (1984)
   not result in taxable income or jeopardize         No recapture of investment tax credit in sale-
   hospital’s exempt status, 5 PLR 1051 (1986)          leaseback transaction, 5 PLR 1005 (1986)

22 PLR 2118                    Preservation Law Reporter                                  Master Index
Partnership in sale-leaseback transaction treated         rior (Federal district court upholds National
   as owner of building eligible for rehabilitation       Park Service’s authority to review interiors
   credit, 4 PLR 1076 (1985)                              under federal tax credit program) 7 PLR 2033
Preservation policy research (Preservation and            (1988)
   research impact estimator), 3 PLR 1041               Seattle’s Pioneer Square a showcase of success
   (1984)                                                 for tax benefits, 3 PLR 1069 (1984)
Recent publications cover historic rehabilitations      Secretary of the Interior's Standards revised, 11
   and conservation easements, 3 PLR 1015                 PLR 1191 (1992)
   (1984)
Rehabilitation tax credit brochure released, 6          Other RTC Requirements
   PLR 1046 (1987)                                      Amended rehabilitation plan satisfies 75 percent
Seattle’s Pioneer Square a showcase of success             of existing external walls test, despite disman-
   for tax benefits, 3 PLR 1069 (1984)                     tling and rebuilding of walls, 5 PLR 1007
Statistics released for preservation tax credits, 2        (1986)
   PLR 1012 (1983)                                      Availability of investment tax credit to purchas-
                                                           ers of qualified rehabilitated buildings from
Historic Certifications                                    tax-exempt entities, 4 PLR 1076 (1985)
ARTICLE: Lars A. Hanslin, “Recent Amend-                Court rules that taxpayer may claim tax credit in
   ments to the National Park Service Regula-              phased rehabilitation project before meeting
   tions for Certification of Historic Building            "substantial rehabilitation test", 10 PLR 1057
   Rehabilitations, 3 PLR 2081 (1984)                      (1991)
ARTICLE: Jerry L. Rogers, “Reasons for Denial           FASB Bulletin describes accounting for ITC
   of Certification for the 25 Percent Investment          basis adjustment, 2 PLR 1056 (1983)
   Tax Credit,” 3 PLR 2001 (1984)                       Fire damage to historic structure will not be
Certification of non-significance for use of 20            considered “early disposition” of property for
   percent ITC, 2 PLR (1983)                               ITC purposes, 4 PLR 1075 (1985)
Certification of rehabilitation bulletins available,    Innovative development partnership in Annapo-
   1 PLR 1028 (1982)                                       lis, Md., 2 PLR 1014 (1983)
HUD will apply Secretary’s standards for reha-          IRS allows condominium unit owners to aggre-
   bilitation to National Register-eligible prop-          gate rehabilitation expenses to meet substan-
   erty under the rental rehabilitation and hous-          tial rehabilitation test, 2 PLR 1051 (1983)
   ing development grant programs, 3 PLR 1027           IRS allows lessees from government agencies to
   (1984)                                                  claim investment tax credit for rehabilitating
Interior Department adopts historic preserva-              portions of historic buildings, 4 PLR 1026
   tion policy (tax incentives), 1 PLR 1015                (1985)
   (1982)                                               IRS allows investment tax credit for Old Post
Moving a National Register property jeopardizes            Office Building rehabilitation, 3 PLR 1063
   eligibility for investment tax credit, 4 PLR            (1984)
   1006 (1985)                                          IRS defines when a property is “placed in ser-
Nardy v. Secretary of Interior (rehabilitation             vice” as applied to qualified rehabilitation of
   certification denial), 1 PLR 3030 (1982)                nonhistoric office condominium, 6 PLR 1017
National Park Service issues brochure explaining           (1987)
   tax incentives for historic buildings, 4 PLR         Internal Revenue Service highlights Tax Reform
   1040 (1985)                                             Act’s changes to the rehabilitation tax credit’s
National Park Service issues new Technical                 external walls test, 6 PLR 1005 (1987)
   Bulletins, 4 PLR 1052 (1985)                         IRS permits investor-purchasers of rehabilitated
National Park Service issues rehabilitation statis-        units in condominium conversions to use
   tics for fiscal year 1984, 4 PLR 1030 (1985)            preservation tax incentives, 1 PLR 1016
National Park Service's denial of tax certification        (1982)
   for rehabilitation project upheld by district        IRS provides additional guidance on use of ITC
   court, 9 PLR 1161 (1990)                                in condominium conversion, 4 PLR 1043
Recent publications cover historic rehabilitations         (1985)
   and conservation easements, 3 PLR 1015               IRS recognizes condominium investor-
   (1984)                                                  purchasers’ eligibility for use of 10 percent
Rehabilitating Older Buildings and Historic                ITC for qualified rehabilitated buildings, 2
   Buildings published, 5 PLR 1019 (1986)                  PLR 1002 (1983)
St. Charles Assocs. v. United States (federal           IRS rules that conveyance of preservation ease-
   district court upholds National Park Service            ment triggers partial recapture of rehabilita-
   refusal to certify historic rehabilitation project      tion tax credit, 8 PLR 1014 (1989)
   for tax credit eligibility), 6 PLR 3025 (1987)       IRS rules that rehabilitation expenses of succes-
Schneider Partnership v. Department of the Inte-           sive partnerships constitute a single rehabilita-

Master Index                    Preservation Law Reporter                                    22 PLR 2119
   tion, 2 PLR 1052 (1983)                             Tax court denies rehabilitation credit to taxpayer
IRS rules that taxpayer may use qualified pro-           not electing straight-line depreciation method,
   gress expenditure method to claim investment          6 PLR 1012 (1987)
   tax credit, 4 PLR 1023 (1985)                       Tax court rules that easement donation is a "dis-
IRS ruling: amortization on part of a structure          position" requiring partial recapture of reha-
   bars use of tax credit on rest, 1 PLR 1051            bilitation tax credit and basis reduction, 10
   (1982)                                                PLR 1086 (1991)
IRS ruling: investment tax credits and govern-         24-Month rehabilitation period may be set to end
   ment leasing, 1 PLR 1052 (1982)                       at any time during the taxable year the build-
Investment tax credit for purchasers in condo-           ing is place in service, 5 PLR 1027 (1986)
   minium conversions, 3 PLR 1024 (1984)               Uncertified historic rehabilitation does not qual-
Investment tax credit recapture insurance pro-           ify for 20 percent tax credit for 40-Year Old
   tects against loss of tax credit through fire or      Building, 8 PLR 1017 (1989)
   other casualty, 3 PLR 1032 (1984)
Lodging to be provided at proposed convalescent        TAXATION, STATE and LOCAL (See also
   facility will not disqualify the project from in-   REAL ESTATE DEVELOPMENT, TAX
   vestment tax credit, 5 PLR 1050 (1986)              LEGISLATION, STATE)
Misunderstanding over tax credits causes unnec-        Appellate Division orders town to provide prop-
   essary destruction of mural in Washington, 4          erty tax exemption for New York land trust,
   PLR 1061 (1985)                                       16 PLR 1161 (1997)
Multnomah County v. Talbot (tax certification),        ARTICLE: Harry K. Schwartz, “State and Local
   1 PLR 3091 (1982)                                     Real Property Tax Incentives for Historic
New partnership qualifies for 25 percent tax             Preservation Property,” 18 PLR 1105 (1999)
   credit under transition rules, 8 PLR 1015           ARTICLE: Harry K. Schwartz, “State Income
   (1989)                                                Tax Incentives for Historic Homeownership,”
No recapture of investment tax credit in sale-           15 PLR 1093 (1996)
   leaseback transaction, 5 PLR 1005 (1986)            ARTICLE: Harry K. Schwartz, "State Mortgage
Partnership in sale-leaseback transaction will be        Credits for Historic Rehabilitation of Owner-
   treated as owner of building eligible for reha-       Occupied Homes," 17 PLR 1001 (1998)
   bilitation credit, 4 PLR 1076 (1985)                ARTICLE: Patricia A. Xeller, “A Practical Guide
Partnership is entitled to both historic rehabilita-     to Property Tax Incentives for Preservation,“
   tion credit and low-income housing credit, 8          2 PLR 2050 (1983)
   PLR 3016 (1989)                                     Donation of 2,000 acres is an unusual grant and
Private letter ruling on ERTA’s 75 percent exter-        will not jeopardize exempt status of outdoor
   nal wall requirement, 1 PLR 1038 (1982)               sculpture museum, 5 PLR 1029 (1986)
Proposal for alternative to 75 percent of walls, 3     827 M Street, Inc. v. District of Columbia (pend-
   PLR 1004 (1984)                                       ency of historic preservation status must be
Purchaser of rehabilitated building may claim            taken into account in assessing property tax),
   investment tax credit for rehabilitation ex-          7 PLR 2031 (1988)
   penses, 5 PLR 1008 (1986)                           Local incentives for rehabilitation (Dallas and
Qualified progress expenditure election for ITC          New York), 1 PLR 1049 (1982)
   must be made by individual partners, not by         Massachusetts adopts preservation tax credit, 22
   the partnership, 4 PLR 1060 (1985)                    PLR 1037 (2004)
Rehabilitation tax credit not available for nonhis-    National Trust to issue report on state tax incen-
   toric residential care facility, 6 PLR 1019           tives for historic preservation, 4 PLR 1086
   (1987)                                                (1985)
Sale and repurchase does not cause rehabilitated       Nebraska voters authorize property tax incen-
   building to be “placed in service” where buyer        tives for historic resources, 22 PLR 1038
   never took possession, 5 PLR 1027 (1986)              (2004)
Sale-leaseback of state office building qualifies      New Jersey Supreme Court affirms constitution-
   for rehabilitation tax credit, 5 PLR 1009             ality of historic property tax exemption, 10
   (1986)                                                PLR 1138 (1991)
Sale-leasebacks involving exempt users, 3 PLR          New publication on property taxation of land-
   1003 (1984)                                           marks, 2 PLR 1009 (1983)
Tax court, citing lodging exclusion, rules owners      Parkinson v. Board of Assessors of Medfield
   of 1914 residential rental property not entitled      (Massachusetts Supreme Judicial Court up-
   to ten percent tax credit on rehabilitation ex-       holds conservation restriction on both land
   penditures, 14 PLR 1076 (1995)                        and buildings, with appropriate reduction in
Tax court denies credit for rehabilitation project       tax assessment on property), 5 PLR 3040
   in two separate decisions, 10 PLR 1163                (1986)
   (1991)                                              Pennsylvania Commonwealth Court declares

22 PLR 2120                     Preservation Law Reporter                                  Master Index
   Longwood Gardens exempt from property tax,          Advisory Council on Historic Preservation estab-
   16 PLR 1156 (1997)                                    lishes telecommunications working group, 19
Property tax abatement for rehabilitations threat-       PLR 1043 (2000)
   ened in Colorado, 2 PLR 1058 (1983)                 ARTICLE: Brian R. Manuel, “Protecting His-
Salem Crossroads Historical Society, Inc., In re         toric Landscapes Against the Proliferation of
   (Pennsylvania court upholds denial of tax ex-         Cellular Towers,” 19 PLR 1001 (2000)
   empt status to historic preservation organiza-      Federal court finds planning board violated Tele-
   tion), 6 PLR 3042 (1987)                              communications Act by denying permit to in-
San Telmo Assoc. v. City of Seattle (housing             stall antennas on Main Street building, 22
   conversion tax held unconstitutional), 6 PLR          PLR 1026 (2004)
   3012 (1987)
Several courts address preservation-related dis-       TENNESSEE
   putes around the country (Delaware), 20 PLR         Eleventh Circuit holds that city did not rescind
   1037 (2001)                                            its building demolition order when it permit-
State appeals court upholds constitutionality of          ted attempts to preserve historic facade, 6 PLR
   New Jersey law granting property tax exemp-            3048 (1987)
   tion , 9 PLR 1127 (1990)                            Historic Fort Sanders Neighborhood Ass’n, Inc.
Tennessee amusement tax creates problems for              v. Dole (U.S. District Court rules highway in-
   nonprofits, 3 PLR 1069 (1984)                          terchange near Knoxville Historic District
Tennessee nonprofit organizations obtain exemp-           fails to comply with Section 4(f), NEPA), 5
   tion from amusement tax, 4 PLR 1085 (1985)             PLR 3049 (1986)
Village of Ridgewood v. Bolger Foundation (real        Memphis downtown commission combines
   estate assessment may be reduced where a               public and private incentives for rehabilita-
   conservation easement has been granted in              tion, 1 PLR 1047 (1982)
   perpetuity to a qualified easement), 5 PLR          Nashville group files suit to save National His-
   3062 (1986)                                            toric Landmark, 2 PLR 1025 (1983)
Washington State releases study on special             Procedural challenge to Nashville design guide-
   valuation incentive for the rehabilitation of          lines rejected due to passage of time; Boulder
   historic property, 12 PLR 1048 (1993)                  ordinances allowing special agreements for
                                                          university’s historic property invalidated on
TELECOMMUNICATIONS                                        due process grounds, 22 PLR 1009 (2004)
Cape Cod Commission Issues Model Bylaws and            Religious protection laws considered on Capitol
   Regulations for Personal Wireless Service Fa-          Hill and by several state legislatures, 17 PLR
   cilities, 19 PLR 1040 (2000)                           1124 (1998)
D.C. Circuit concludes that it lacks appellate         State v. Smith (aesthetic regulation), 1 PLR 3021
   jurisdiction in cell tower case, 22 PLR 1021           (1982)
   (2004)                                              Supreme Court allows recourse against states
FCC adopts new rules preempting local govern-             that fail to provide physical access to courts
   mental controls over satellite dishes and an-          under ADA, 22 PLR 1025 (2004)
   tennas, 15 PLR 1051 (1996)                          Supreme Court sets argument date for Tennessee
FCC exempts historic district preservation re-            land-use regulation case, 4 PLR 1034 (1985)
   strictions from satellite preemption rules, 16      Tax Court rules 30-year term easement has value,
   PLR 1042 (1997)                                        3 PLR 1061 (1984)
FCC proposes regulations to preempt local zon-         Tennessee amusement tax creates problems for
   ing rules for satellite antennas, 4 PLR 1062           nonprofits, 3 PLR 1069 (1984)
   (1985)                                              Tennessee and North Carolina creates historic
Helpful information on cellular towers and other          preservation study commissions, 6 PLR 1025
   issues available through publications and web-         (1987)
   sites, 19 PLR 1053 (2000)                           Tennessee appellate court rules historic preserva-
Ordinances addressing the construction or instal-         tion is not a valid hardship ground for grant-
   lation of wireless service facilities in historic      ing relief in variance case, 7 PLR 2041 (1988)
   areas, 19 PLR 1035 (2000)                           Tennessee Supreme Court voids emergency
Practical advice for addressing telecommunica-            demolition ordinance, 22 PLR 1011 (2004)
   tions tower issues in your community, 19 PLR        Tennessee nonprofit organizations obtain exemp-
   1049 (2000)                                            tion from amusement tax, 4 PLR 1085 (1985)
Sleeper v. Old King’s Highway Regional His-            Two other courts reject procedural challenges, 22
   toric District Comm’n (regulation under pres-          PLR 1013 (2004)
   ervation ordinance), 1 PLR 3031 (1982)              U.S. Supreme Court considers interim damages
                                                          in taking case, 4 PLR 1009 (1985)
TELECOMMUNICATIONS ACT OF 1996                         Williamson County Regional Planning Comm’n
(See also TELECOMMUNICATIONS)                             v. Hamilton Bank (U.S. Supreme Court re-

Master Index                    Preservation Law Reporter                                  22 PLR 2121
  verses Sixth Circuit “taking” opinion on ripe-         highway expansion plans, 2 PLR 1024 (1983)
  ness grounds), 4 PLR 3031 (1985)                    Preservation law conference scheduled for Fort
                                                         Worth, 3 PLR 1040, 1057 (1984)
TENNESSEE VALLEY AUTHORITY                            Report issued on Texas preservation legislation,
Final rules to implement Archeological Re-               5 PLR 1035 (1986)
   sources Protection Act of 1979 published, 3        San Antonio enacts comprehensive preservation
   PLR 1017 (1984)                                       ordinance, 5 PLR 1052 (1986)
                                                      San Antonio Missions National Historical Park,
TEXAS                                                    3 PLR 2016 (1984)
ARTICLE: Patricia A. Xeller, “A Practical Guide       Several courts address standing requirements
   to Property Tax Incentives for Preservation,“         with varying results, 19 PLR 1065 (2000)
   2 PLR 2050 (1983)                                  State RFRA laws enacted in three more states, 18
Association Concerned About Tomorrow, Inc. v.            PLR 1158 (1999)
   Dole (federal court enjoins construction of        Supreme Court agrees to hear two cases bearing
   Texas highway under Section 4(f)), 5 PLR              on preservation issues (Flores v. City of
   3025 (1986)                                           Boerne and Suitum v. Tahoe Reg’l Planning
Citizen Advocates for Responsible Expansion,             Agency), 15 PLR 1145 (1996)
   Inc. (I-CARE) v. Dole(constructive use doc-        Texas legislature amends powers of Antiquities
   trine under Section 4(f) applied to stop ex-          Committee, 2 PLR 1057 (1983)
   panded overhead highway project in Fort            Texas legislature considers changes to preserva-
   Worth), 4 PLR 3054 (1985)                             tion programs, 2 PLR 1029 (1983)
Citizens Advocates for Responsible Expansion,         U.S. Supreme Court declares RFRA unconstitu-
   Inc. (I-CARE) v. Dole (increase in preexisting        tional, 16 PLR 1051 (1997)
   aesthetic and economic harm held not con-          U.S. Supreme Court determines date of taking in
   structive “use” under § 4(f)), 3 PLR 3048             “straight-condemnation” proceeding by fed-
   (1984)                                                eral government, 3 PLR 3032 (1984)
Dallas preservation incentives, 2 PLR 1013
   (1983)                                             THEATERS, HISTORIC
Dallas studies ordinance changes, 1 PLR 1005          Chicago Theater demolition averted by complex
   (1982)                                                financing scheme, 4 PLR 1012 (1985)
D.C. Circuit denies preservation challenge to         Chicago Theater settlement jeopardized by fail-
   FAA approval of Dallas/Ft. Worth airport ex-          ure to obtain UDAG, 4 PLR 1049 (1985)
   pansion, 13 PLR 1090 (1994)                        Chicago Theater settlement saved by 11th-hour
D.C. Circuit reinstates earlier ruling that FDIC         approval of UDAG grant, 4 PLR 1063 (1985)
   cannot be enjoined for Section 106 violation,      City of Renton v. Playtime Theatres, Inc. (Su-
   13 PLR 1130 (1994)                                    preme Court upholds zoning restriction on
Economic benefits of historic preservation, 11           adult theatres against first amendment attack),
   PLR 1043 (1992)                                       5 PLR 3009 (1986)
Federal district court rejects challenge to preser-   Orinda Ass’n v. Board of Supervisors and
   vation ordinance under Religious Freedom              Friends of Orinda Theatre v. County of Contra
   Restoration Act; Rules act unconstitutional,          Costa (demolition permit requires review un-
   14 PLR 1045 (1995)                                    der California Environmental Quality Act), 5
Fifth Circuit rules Religious Freedom Restora-           PLR 3020 (1986)
   tion Act is constitutional, 15 PLR 1010 (1996)
Fort Worth elevated freeway case on appeal, 4         TOURISM
   PLR 1012 (1985)                                    Connecticut enacts scenic roads bill, 6 PLR 1023
Georgia, Missouri, and Texas adopt new preser-          (1987)
   vation legislation; Oregon and Virginia con-       Wisconsin historic preservation task force report
   sider just compensation issues, 10 PLR 1104          published, 6 PLR 1030 (1987)
   (1991)
Houston imposes moratorium on issuance of             TRADEMARKS
   demolition permits to protect historic struc-      Congress shields historic buildings from trade-
   tures, 11 PLR 1012 (1992)                            mark anti-dilution laws, 18 PLR 1233 (1999)
Law of historic shipwrecks reviewed, 2 PLR
   2072 (1983)                                        TRAILS AND TRANSPORTATION
Local incentives for rehabilitation (Dallas and       CORRIDORS (See NATIONAL HERITAGE
   New York), 1 PLR 1049 (1982)                       CORRIDORS)
Mayes v. City of Dallas (Federal court of appeals
   finds standards in local preservation ordinance    TRANSFERRABLE DEVELOPMENT
   sufficiently precise), 4 PLR 3027 (1985)           RIGHTS (See LAND USE REGULATION)
National Trust and Fort Worth file suit over

22 PLR 2122                    Preservation Law Reporter                                  Master Index
TRANSPORTATION LEGISLATION (See                      Access Board revises ADA Guidelines, 22 PLR
also DEPARTMENT OF                                     1034 (2004)
TRANSPORTATION ACT and SCENIC
ROADS)                                               URBAN DEVELOPMENT
ARTICLE: Constance E. Beaumont, "New Fed-            Aesthetic impacts on historic district, 1 PLR
   eral Legislation Will Affect Preservation," 10       3071 (1982)
   PLR 1189 (1991)                                   Enterprise zone legislation introduced, 1 PLR
Attorney reviews ISTEA's transportation en-             1035 (1982)
   hancements program; enhancements confer-          General Accounting Office issues report on
   ence announced, 15 PLR 1018 (1996)                   major UDAG issues, 4 PLR 1008 (1985)
Congress enacts new transportation bill, 17 PLR      Hearings held on enterprise zone legislation, 3
   1128 (1998)                                          PLR 1003 (1984)
Maine DOT adopts regulations governing its           Historic preservation requirements of the UDAG
   Sensible Transportation Policy Act, 12 PLR           Program, 1 PLR 1003 (1982)
   1039 (1993)                                       Historic preservation reviews may delay release
                                                        of Community Development Block Grant
TRANSPORTATION PROJECTS, STATE                          funds, 2 PLR 1007 (1983)
(See also DEPARTMENT OF                              Historic resources review prior to HUD funding,
TRANSPORTATION, U.S. and                                1 PLR 3076 (1982)
DEPARTMENT OF TRANSPORTATION                         HUD issues final regulations for urban home-
ACT, SECTION 4(F))                                      steading program, 4 PLR 1099 (1985)
Advisory Council votes on Long Beach Freeway         HUD issues interim regulations for the Housing
   completion, 4 PLR 1008 (1985)                        Development Grant Program, 3 PLR 1050
Atlanta Presidential Parkway transfer of park           (1984)
   land invalidated by Georgia Supreme Court, 4      HUD permits use of Community Development
   PLR 1048 (1985)                                      Block Grants for HODAG and rental rehabili-
Department of Transportation v. City of Atlanta         tation grants programs, 3 PLR 1051 (1984)
   (Georgia Supreme Court holds that State           Memphis downtown commission combines
   Highway Department has no authority to con-          public and private incentives for rehabilita-
   demn municipal property and city has no au-          tion, 1 PLR 1047 (1982)
   thority to transfer dedicated parkland to state   Morris County Trust for Historic Preservation v.
   for highway), 4 PLR 3062 (1985)                      Pierce (ongoing federal involvement in urban
Fitger Brewing Co. v. State (Minnesota Court of         renewal project triggers NEPA and NHPA re-
   Appeals holds that a proposed condemnation           view), 2 PLR 3064 (1983)
   is not a compensable taking), 6 PLR 3037          New Orleans lawsuit seeks interpretation of §
   (1997)                                               110(f) of NHPA, 1 PLR 1010 (1982)
Goodwin v. Iowa State Highway Comm’n (land-          Preservation Coalition v. Pierce (delegation
   owners allowed to recover litigation expenses        under NHPA and NEPA), 1 PLR 3044, 3055
   of successful federal court challenge to high-       (1982)
   way, which resulted in abandonment of emi-        Update on Portman Hotel controversy in New
   nent domain proceedings), 5 PLR 3026 (1986)          York City (MOA), 1 PLR 1011 (1982)
Mobile, Ala., commissioners vote to reject ele-      Urban Institute issues report on neighborhood
   vated highway plan, 4 PLR 1066 (1985)                development organizations, 4 PLR 1053
New York’s Westway halted, 4 PLR 1104 (1985)            (1985)
Wisconsin Supreme Court affirms ruling that
   state DOT lacks authority to condemn land to      UTAH
   protect archaeological site, 13 PLR 1208          Challenges to BLM’s compliance with federal
   (1994)                                               preservation laws produce mixed results, 22
                                                        PLR 1019 (2004)
TRUST AND ESTATES                                    Scherbel v. Salt Lake City Corp. (Utah court
Landmark Society of Western New York, In re             determines that executive rather then legisla-
  (court order regarding testamentary trust in-         tive body must hear appeals from planning
  come), 1 PLR 3061 (1982)                              commission on conceptual approval of pro-
South Carolina Supreme Court upholds chari-             posed projects in historic district), 7 PLR
  table trust to preserve Charleston historic           2045 (1988)
  properties, 17 PLR 1061 (1998)                     State of Utah adopts new preservation legisla-
                                                        tion, 12 PLR 1063 (1993)
                                                     Tenth Circuit upholds record sentencing in
                        U                               ARPA case, 16 PLR 1147 (1997)

UNITED STATES ACCESS BOARD                                                  V

Master Index                  Preservation Law Reporter                                 22 PLR 2123
                                                        (1994)
VAGUENESS (See DUE PROCESS)
                                                      VIRGINIA
                                                      Alexandria, Va., employs sale-and-leaseback and
VALUATION (See also TAXATION,                           gains investment tax credit for real estate in-
FEDERAL)                                                vestors, 2 PLR 1034 (1983)
Damages for willful removal of historic tree, 3       Appeals court rejects antitrust challenge to dona-
  PLR 3019 (1984)                                       tion of land and easements with mineral rights
                                                        to preservation organizations, 20 PLR 1162
VARIANCES (See LAND USE                                 (2002-03)
REGULATION)                                           County files lawsuit claiming losses from Ma-
                                                        nassas Battlefield legislation, 9 PLR 1061
VERMONT                                                 (1990)
Claims court rejects takings claim under "Rails-      Court reinstates historic listing under congres-
   to-Trails" statute, 11 PLR 1186 (1992)               sional mandate (landmark designation of
Federal appeals court panel rules rails-to-trail        Green springs historic district), 1 PLR 1004
   law did not "take" property interest of adja-        (1982)
   cent landowners, 14 PLR 1205 (1995)                Developers file complaints seeking compensa-
Federal Circuit rules property interest taken by        tion for Manassas Battlefield legislative tak-
   creation of hiker/biker trail under National         ing, 8 PLR 1008 (1989)
   Trail Systems Act, 15 PLR 1194 (1996)              Development agreement protects Waterford,
New State enabling legislation for local preserva-      Virginia National Historic Landmark, 7 PLR
   tion commissions, 3 PLR 1039 (1984)                  1025 (1988)
Preservation planning and growth management:          Economic benefits of historic preservation, 11
   innovations from New England, 7 PLR 1018             PLR 1043 (1992)
   (1988)                                             Federal court invalidates FHWA approval of
U.S. Court of Appeals for the D.C. Circuit up-          bridge project, 18 PLR 1098 (1999)
   holds agency conditions on license for historic    Federal courts rule that NEPA and NHPA obliga-
   hydroelectric project, 16 PLR 1075 (1997)            tions expire once project is completed, 11
Vermont enacts historic district legislation, 5         PLR 1089 (1992)
   PLR 1045 (1986)                                    Federal court upholds the University of Vir-
Vermont enacts Historic Downtown Develop-               ginia’s revised lawn use policy regulating the
   ment Act, 17 PLR 1185 (1998)                         symbolic speech of students to preserve the
Vermont housing and conservation trust fund, 6          aesthetic integrity of the rotunda and its his-
   PLR 1026 (1987)                                      toric grounds, 6 PLR 3050 (1987)
Vermont Supreme Court affirms denial of Wal-          Fourth Circuit rules conservation easement dona-
   Mart store application under Act 250, 16 PLR         tion in historic Green Springs, Virginia, may
   1196 (1997)                                          be challenged under antitrust laws, 17 PLR
Vermont Supreme Court affirms lower court's             1178 (1998)
   award of certificate of appropriateness to alter   Georgia, Missouri, and Texas adopt new preser-
   facade of international style building, 10 PLR       vation legislation. Oregon and Virginia con-
   1159 (1991)                                          sider just compensation issues, 10 PLR 1104
                                                        (1991)
VESTED RIGHTS (See also LAND USE                      Leesburg, Virginia adopts historic corridor ordi-
REGULATION)                                             nance and design guidelines to regulate new
Federal district court upholds denial of permit to      construction, 9 PLR 1115 (1990)
  demolish Chicago landmarks in broad-based           Manassas National Battlefield Park Amendments
  lawsuit, 14 PLR 1087 (1995)                           of 1988, 7 PLR 1003 (1988)
New Mexico court upholds application of height        Patent and Trademark Office project upheld
  amendment to property located in Santa Fe             under NEPA, 19 PLR 1191 (2000)
  historic district, 14 PLR 1108 (1995)               Religious protection laws considered on Capitol
Property owner does not have a vested right to          Hill and by several state legislatures, 17 PLR
  construct Frank Lloyd Wright designed house,          1124 (1998)
  7 PLR 2038 (1988)                                   Roanoke, Virginia publishes planning booklet, 6
                                                        PLR 1029 (1987)
VIEW PROTECTION (See LAND USE                         Robb v. Shockoe Slip Foundation (Virginia
REGULATION)                                             Supreme Court holds section of Virginia Con-
                                                        stitution not self executing), 4 PLR 3022
VIRGIN ISLANDS                                          (1985)
Federal district court upholds constitutionality of   Several states adopt preservation-related laws
  Abandoned Shipwreck Act, 13 PLR 1157                  (Georgia, Maryland, Missouri, New Jersey,

22 PLR 2124                    Preservation Law Reporter                                  Master Index
  North Carolina, Virginia) 16 PLR 1219 (1997)           1055 (2001)
Shockoe Slip Foundation case arguments, 4 PLR         State and federal courts address wide range of
  1014 (1985)                                            preservation issues (Columbia River Gorge),
Shockoe Slip Foundation v. Dalton (compliance            20 PLR 1113 (2001)
  with Virginia Constitutional requirement on         State of Washington v. City of Seattle (property
  environmental protection), 1 PLR 3083 (1982)           owned by state agencies may be subject to
Virginia adopts owner consent legislation, 11            regulation by local preservation commissions
  PLR 1068 (1992)                                        when a state legislature has expressly author-
Virginia chain link fence case settled, 4 PLR            ized municipalities to exercise and delegate
  1033 (1985)                                            such power), 2 PLR 3020 (1983)
Virginia court upholds mandatory maintenance          States find new money to fund preservation
  provision of historic district ordinance, 5 PLR        projects and programs, 9 PLR 1141 (1990)
  3007 (1986)                                         Supreme Court upholds Renton, Wash., zoning
Virginia creates Department of Conservation and          restriction on adult theaters against first
  Historic Resources, 3 PLR 1055 (1984)                  amendment attack, 5 PLR 3009 (1986)
Virginia Supreme Court rules ordinance not            "Takings"      legislation    enacted      in    11
  applicable to a property prior to its formal cer-         states; Washington state voters reject "tak-
  tification as historic, 11 PLR 1135 (1992)             ings" initiative in November ballot, 14 PLR
Virginia Supreme Court to hear arguments in              1221 (1995)
  Shockoe Slip Foundation case, 2 PLR 1044            U.S. District Court remands NAGPRA contro-
  (1983)                                                 versy to Army Corps of Engineers in "Ken-
Virginia task force issues report, 8 PLR 1029            newick" Man case, 16 PLR 1209 (1997)
  (1989)                                              U.S. Supreme Court resolves two religious prop-
Virginia trial court directs Virginia town to give       erty cases in favor of local preservation pro-
  reasonable consideration to historic preserva-         tections: First Covenant decision vacated and
  tion in its zoning ordinance, 10 PLR 1198              remanded; court denies certiorari in St. Bar-
  (1991)                                                 tholomew's, 10 PLR 1041 (1991)
Wyoming, New Mexico, and Virginia enact new           Washington Court of Appeals rules church may
  preservation legislation, 5 PLR 1055 (1986)            disregard Seattle preservation ordinance, 14
                                                         PLR 1001 (1995)
                        W                             Washington Court of Appeals rules state arche-
                                                         ology statute is not unconstitutionally vague,
WASHINGTON                                               17 PLR 1232 (1998)
ARTICLE: Nancy C. Shanahan, “State Legisla-           Washington enacts laws protecting Indian burial
  tive Task Forces in the West,” 1 PLR 2061              sites, 8 PLR 1031 (1989)
  (1982)                                              Washington state adopts property tax incentive, 4
Benton Franklin Riverfront Trailway and Bridge           PLR 1083 (1985)
  Committee v. Lewis (bridge replacement), 1          Washington state amends statutes protecting
  PLR 3028 (1982)                                        quality of the built environment, 2 PLR 1035
Benton Franklin Riverfront Trailway and Bridge           (1983)
  Committee v. Lewis (Section 4(f)) and Pasco-        Washington state issues final task force report, 8
  Kennewick truss bridge), 2 PLR 3031 (1983)             PLR 1030 (1989)
Buttnick v. City of Seattle (Washington Supreme       Washington state preservation program clears
  Court upholds requirement that owner of a              sunset provision, 3 PLR 1039 (1984)
  building within a historic district replace a de-   Washington state releases study on special valua-
  teriorating parapet), 5 PLR 3039 (1986)                tion incentive for the rehabilitation of historic
Demolition permit denial under local preserva-           property, 12 PLR 1048 (1993)
  tion ordinance upheld against due process           Washington Supreme Court finds Seattle historic
  challenge, 18 PLR 1205 (1999)                          preservation ordinance impinges on church's
Order directing Island County, Washington to             free exercise of religion, 9 PLR 1039 (1990)
  adopt procedures to protect cultural sites up-      Washington Supreme Court rules application of
  held on appeal, 17 PLR 1226 (1998)                     demolition delay ordinance to historic school
Recent court decisions involving historic ship-          infringes on free exercise of religion under
  wrecks, 20 PLR 1064 (2001)                             state constitution, 16 PLR 1001 (1997)
San Telmo Assoc. v. City of Seattle (housing          Washington Supreme Court rules county satis-
  conversion tax held unconstitutional), 6 PLR           fied SEPA in planning landfill project affect-
  3012 (1987)                                            ing cultural resources, 13 PLR 1031 (1994)
Seattle’s Pioneer Square a showcase of success        Washington Supreme Court rules landmark
  for tax benefits, 3 PLR 1069 (1984)                    nomination of Seattle church violates Free
Several courts address preservation-related dis-         Exercise Clause of Religion, 15 PLR 1079
  putes around the country (zoning), 20 PLR              (1996)

Master Index                   Preservation Law Reporter                                   22 PLR 2125
Washington Supreme Court rules that Seattle's          landfill), 6 PLR 3045 (1986)
 landmarks ordinance violates Church's free          Uniform Conservation Easement Act enacted in
 exercise rights, 11 PLR 1175 (1992)                   four states (Arkansas, Nevada, Oregon and
Washington Supreme Court upholds conditional           Wisconsin), 2 PLR 1056 (1983)
 use permit requirement against first amend-         U.S. courts address RLUIPA challenges on ap-
 ment claim, 19 PLR 1147 (2000)                        peal, 22 PLR 1005 (2004)
Washington Trust for Historic Preservation v.        Wisconsin court rules state DOT lacks authority
 City of Seattle (U.S. district court enforces         to condemn land to protect archaeological site,
 compliance with Memorandum of Agreement               13 PLR 1021 (1994)
 under Section 106 and enjoins city from de-         Wisconsin court upholds local government's
 molishing historic buildings), 7 PLR 2024             efforts to maintain agricultural character of
 (1988)                                                town against inverse condemnation claim, 7
                                                       PLR 2011 (1988)
WEST VIRGINIA                                        Wisconsin enacts legislation to protect unmarked
Corridor H case reversed on appeal, deferral of        human burial sites, 5 PLR 1033 (1986)
  historic resource review until after highway       Wisconsin enacts state "section 106" legislation
  approval violates Section 4(f), 18 PLR 1047          and amends tax credit program, 8 PLR 1031
  (1999)                                               (1989)
Federal district court upholds FHWA approval of      Wisconsin historic preservation task force report
  "Corridor H" highway in West Virginia, 17            published, 6 PLR 1030 (1987)
  PLR 1040 (1998)                                    Wisconsin Supreme Court affirms ruling that
New legislation for certified historic rehabilita-     state DOT lacks authority to condemn land to
  tions enacted in Connecticut, Maine, Mary-           protect archaeological site, 13 PLR 1208
  land, Michigan, and West Virginia, 18 PLR            (1994)
  1163 (1999)                                        Wisconsin Supreme Court rejects segmentation
West Virginia enacts comprehensive preserva-           of property interests to assess takings claims,
  tion legislation, 8 PLR 1031 (1989)                  16 PLR 1011 (1997)

WIRELESS SERVICE FACILITIES (See                     WORLD HERITAGE LIST (See
TELECOMMUNICATIONS and                               INTERNATIONAL HISTORIC
TELECOMMUNICATIONS ACT OF 1996)                      RESOURCES)

                                                     WYOMING
WISCONSIN                                            Eighth Circuit rules Surface Transportation
Georgia, Iowa and Wisconsin act on building             Board violated Section 106, 22 PLR 1018
   codes, 3 PLR 1037 (1984)                             (2004)
Highway project approved under Section 4(f), 5       Preservation legislation dies at end of Wyoming
   PLR 3011 (1986)                                      legislative session, 2 PLR 1028 (1983)
Recent decisions under Section 4(f), 5 PLR 3011      U.S. Government efforts to accommodate reli-
   (1986)                                               gious exercise of Native Americans withstand
State legislative task forces established, 5 PLR        establishment clause claims, 22 PLR 1003
   1045 (1986)                                          (2004)
State preservation law summaries, 2 PLR 1029         Wyoming, New Mexico, and Virginia enact new
   (1983)                                               preservation legislation, 5 PLR 1055 (1986)
Town of Centerville v. Dept. of Natural Re-
   sources (Wisconsin Court of Appeals requires                             Z
   Department of Natural Resources to prepare
   environmental impact statement for proposed       ZONING (See LAND USE REGULATION)




22 PLR 2126                   Preservation Law Reporter                                 Master Index

				
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