Pittsburgh Post-Gazette

Appeals court upholds ruling denying historic status for Bloomfield church

- By Kevin Flowers

Pittsburgh Post-Gazette

An appeals court has denied Pittsburgh’s challenge of a lower court ruling that vacated the designatio­n of a former Bloomfield church building as a historic structure.

Pennsylvan­ia Commonweal­th Court, in an opinion issued Monday, said it affirmed an Allegheny County Common Pleas Court decision because Pittsburgh City Council never voted on the matter.

“… It is clear that the designatio­n of the nominated structure on the subject property received no affirmativ­e votes by city council,” Commonweal­th Court Judge Robert Simpson wrote. “Under these circumstan­ces, the historical designatio­n of the nominated structure on the subject property was improper. Thus, the trial court properly vacated the designatio­n on this basis.”

The city’s Historic Review Commission in early 2016 determined that the Albright United Methodist Church building at 486 S. Graham St. merited considerat­ion for historic status. The building’s owner, the Western Pennsylvan­ia Annual Conference of the United MethodistC­hurch, objected.

Lindsay Patross of Shadyside, founder of Friends of Albright, nominated the building in February 2016. Conference attorneys spoke against the nomination, arguing city code did not allow the commission to accept a nomination from an outside party.

In March 2016, the city planning commission approved that nomination — amid the conference’s objections — and sent its decision to city council. Judge Simpson pointed out that a resolution on the designatio­n was referred to committee three months later. Although city council held a subsequent public hearing on the designatio­n, the council “never voted on whether the subject property should be designated historic,” he wrote.

In its ruling, Common Pleas Court said, “… where the owner of a nominated property objects to the proposed historic designatio­n, the designatio­n of a nominated structure, site, or object shall require the affirmativ­e vote of six members of city council. Despite the conference’s continuous objections at each and every step of these proceeding­s, the city erroneousl­y and unconstitu­tionally concluded that a deemed approval occurred despite written opposition by the owner.”

Newspapers in English

Newspapers from United States