Court Finds City’s Designation of Historical Property Appropriate

In Young v. City of Coronado, a California Appellate Court recently held that a city’s findings were sufficient to support a conclusion that a privately owned building merited protection as a historical building.  In Young, plaintiffs requested a permit to demolish a small cottage on real property in Coronado, California.  Because the cottage was more than seventy-five (75) years old, the Coronado Historic Resource Commission reviewed the property for potential historical significance.  The Commission concluded that the dwelling should be designated as a historical resource under the local Code.  The property owners appealed the determination to the city council who agreed with the Commission’s assessment.  The property owners filed a petition of writ of mandate challenging the designation of the property as a historical resource.  The trial Court denied the petition.  The Court of Appeals affirmed, holding that the property owners failed to establish that the City abused its discretion in designating the dwelling as a historical property and denying a demolition permit.  The Court held that he Commission met the standards of the Code, including the age of the property and at least two (2) of the five (5) identifiable criteria. 

Shannon B. Jones, Partner sbj@sbj-law.com