From Capt. Lee Geanuleas, U.S.N. (Ret.):
Heads up! At their Monday, 9 January the City Commission will hear an appeal of the HARB's unanimous 15 September designation of 32 Granada ST as a "local historic landmark." The basis of the applicants appeal is legal/technical and not substantive. His lawyer appears to be arguing the the HARB lacks the authority to designate a local property as a local historic landmark. This is an excerpt from the appeal:
" Preemption, supremacy, administrative res judicata and other related principles render void the City's efforts to list a property as locally significant "using the criteria and standards established by the National Register of Historic Places," regardless of the prior decisions of the state and federal governments to the contrary."
I'm no lawyer, but it seems ridiculous that a city cannot decide to designate a property as a local historic landmark. The City Code provides a procedure to do exactly that. Has our City Code been wrong all these years? Not likely.
Maybe the applicant's lawyer is blowing legalistic smoke while making not-so-veiled threats to sue, hoping that the city caves?
Wouldn't be the first time we've seen that movie...
No comments:
Post a Comment