|
District Intown Properties Ltd. v. District of
Columbia (D.C. Cir.)
Cathedral Mansions is an apartment building complex in
the District of Columbia built in the 1920s by Harry
Wardman, one of the most prolific and influential
developers of residential property in the history of the
District. Designated as an Historic Landmark in 1989,
Cathedral Mansions includes extensive landscaped areas
designed to provide the greatest possible integration of
living space and open space. The current owners of a
portion of the complex applied for permission to build
eight townhouses on the landscaped lawns. After the
District of Columbia denied the permit to protect the
essential character of the landmark, the owners sued for
compensation under the Takings Clause. The trial court
rejected the claim. On appeal, the United States Court of
Appeals for the District of Columbia Circuit affirmed,
holding that D.C.'s historic preservation laws did not
interfere with the landowner's reasonable expectations or
prohibit them from making economic use of the land.
Significantly, the Court considered the economic impact
of the historic preservation laws on the landowner's
entire parcel, not just the open space precluded from
development. |
