Every day, the National Trust for Historic Preservation handles a variety of preservation law issues through either direct participation or consultation with organizations, individuals, and governmental entities.

In this round up we are proud to report several victories along with new cases from the late summer and early fall of 2024 that would have a national impact on preservation.

Kentucky Bond Requirement Ruled Unlawful

On August 22, the Kentucky Supreme Court ruled that a new statewide law that imposed burdensome bond requirements for judicial appeals of land use decisions was unconstitutional. The Bluegrass Trust for Historic Preservation, a longstanding partner of the National Trust, challenged the law in a case involving the proposed demolition of a 1958 historic building in Lexington, Kentucky. The National Trust participated in the case by filing an amicus brief in May 2023. Ultimately, although the court allowed the demolition to proceed, it struck down the unlawful bond requirement in a 4-3 decision.

The Bluegrass Trust argued—and the Kentucky Supreme Court agreed—that the bond requirement unreasonably curtails the public’s due process rights by creating an excessive barrier to judicial review. The National Trust joined the Kentucky Resources Council in filing the amicus brief to support the Bluegrass Trust, in furtherance of our congressional charter to “facilitate public participation” in historic preservation.

Minute Man and Neighboring Sites Given a Reprieve from Proposed Expansion of Private Jet Airfield

In response to strong advocacyfrom the National Trust and many others, the Massachusetts Department of Environmental Protection ruled on June 21, 2024 that the application to dramatically expand the Hanscom Field Airfield for private jets next to Minute Man National Historical Park (MMNHP) “does not adequately and properly comply with [the Massachusetts Environmental Policy Act]”. As a result, a supplemental environmental impact report will have to be prepared in order for the proposed expansion to be considered further. However, the application has not been withdrawn, and we anticipate the need for further action to oppose any expansion of private jet operations at Hanscom.

The 1775 “shot heard round the world” that began the Revolutionary War took place in what is now MMNHP, and the area includes preserved homes open to the public such as Orchard House, where Louisa May Alcott wrote and set Little Women, the Robbins House, commemorating a formerly enslaved Revolutionary War veteran Caeser Robbins, and Henry David Thoreau’s Walden Pond and Woods.

The sites were included on the National Trust’s list of America’s 11 Most Endangered Historic Places in 2003 and 2024.

The Advisory Council on Historic Preservation and Idaho State Historic Preservation Office Terminate Lava Ridge Wind Farm Consultation, Concerning Minidoka National Historic Site

On September 6, 2024 the Advisory Council on Historic Preservation (ACHP) announced it is terminating consultation on the development of a Section 106 agreement with the Bureau of Land Management (BLM) for the Lava Ridge Wind Project in Idaho. The project would include 241 wind turbines across 104,000 acres of land, and would have an adverse visual effect on the Minidoka National Historic Site, which was a site where more than 13,000 Japanese Americans were forcibly incarcerated during World War II. The Idaho political leadership, as well as the Japanese American community, are strongly opposed to the Lava Ridge Wind Project. The National Trust has been participating in the Section 106 review process as a consulting party.

In consultation with the Idaho State Historic Preservation Office (SHPO) and several consulting parties, BLM had developed a Programmatic Agreement (PA) to allow for phased identification and evaluation of historic properties, since the vast majority of the land proposed for the project has never previously been surveyed or evaluated for historic and cultural resources. However, in a highly unusual move, the Governor ordered the SHPO not to sign the PA, and to terminate Section 106 consultation, because of the Governor’s opposition to the wind project itself. As a result, the ACHP determined that the PA would be unworkable because it would have relied on extensive involvement by the SHPO in carrying out the process of identifying and evaluating additional historic resources. So the ACHP terminated consultation as well.

ACHP provided formal comments to the Director of BLM on October 18, encouraging additional identification and mitigation measures, and the head of the agency is personally required to submit a detailed response to the ACHP before making a final decision on the project. Although BLM is ultimately allowed to approve the project, the political pressure and the elevated review certainly requires the agency to give serious consideration to denying the permit application or insisting on further modifications.

This site was included on the National Trust’s list of America’s 11 Most Endangered Historic Places in 2022.

Century and Consumers Buildings Given a Chance for Preservation; Adaptive Reuse To Be Explored

On August 1, the General Services Administration (GSA) made the surprise announcement that it has selected rehabilitation and adaptive reuse as the preferred alternative for the historic Century and Consumers Buildings located at 202 and 220 State Street in Chicago, Illinois. Read more about this preservation victory here.

The buildings were included on the National Trust’s list of America’s 11 Most Endangered Historic Places in 2023

South Carolina Supreme Court Grants Review in North Charleston Annexation Litigation

On September 16th, the South Carolina Supreme Court granted a writ of certiorari in the North Charleston annexation case in response to a request we filed in June 2023, in cooperation with the City of Charleston. This longstanding case challenges the attempted annexation of a portion of the Ashley River Historic District by the city of North Charleston, which would dramatically reduce its protection, and lead to development inconsistent with the Historic District and the environs of Drayton Hall. The Ashley River Historic District was included on the National Trust’s list of America's 11 Most Endangered Historic Places in 2018 due to this threat. Our brief was submitted on October 16, 2024

Amicus Brief Filed to Protect Louisville Odd Fellows Building

On August 21, 2024, the National Trust filed an amicus brief in a case to protect Liberty Hall, also known as the Odd Fellows Building, in Louisville, Kentucky. The National Trust has been working for several years with local preservation advocates to explore adaptive reuse options for the building. When the Louisville Metro Council voted to revoke the building’s local landmark status in March 2021, the Louisville Historical League filed suit, and the Circuit Court ruled in October 2022 that the Council’s action was a violation of due process and a conflict of interest.

However, the Kentucky Court of Appeals overturned that decision in December 2023, holding that the Louisville Preservation League lacked standing to bring the lawsuit. The Kentucky Supreme Court has now agreed to review the case, and the National Trust filed an amicus brief to support the League. The Court of Appeals decision sets a dangerous precedent on standing, and opens the door to demolition of this historically significant landmark. Built in 1897, Liberty Hall is the last surviving example of a fraternal hall in downtown Louisville. We are waiting on an oral argument date.

West Bank of St. John the Baptist Parish Saved