The following cases involve historic preservations in the context of land use law and disability:
Historic Preservation
Gibbons v. Historic Dist. Comm’n, 285 Conn. 755 (2008).
Tags
- Historic District
- Historic Property
- Outbuilding
Story
The plaintiff, Elaine Gibbons applied to make changes on her property known as the “Stokey House.” The property is located in a historic district of the town. A contemporary addition of an outbuilding was made to the rear of the house before Elaine purchased the home. The outbuilding was not only in the rear of the property, but was also next to a river and could be seen from the public way. Since the property was located in the historical district, the commission was responsible for reviewing all proposed changes. Elaine’s proposal was to lift the outbuilding and attach it to the main house. A public hearing was held and the commission voted to deny the application on the grounds that the new addition was inappropriate and not in harmony with the immediate neighborhood.
Holding/Reasoning
According to a statutory provision, once a historic district is established, no building can be put up or altered within the district until after an application has been admitted and approved by the commission. The court recognized that the commission’s judgment on applications have to be based on solid knowledge of the architectural characteristics of a historic district or property. Denying an application merely because the proposals aren’t liked, is not legally persuasive and will not withstand an appeal. The court found the commission’s reason for denial was not supported by substantial evidence because there is no support for the determination that either the current location of Elaine’s outbuilding or the design of the building was historically significant or has historical value due to the relationship to the historic district.