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Commission “did not designate any specific landmarks, it only designated a district,” Parker wrote.
The definition of “landmark” is “critical for the determination by the court of the appropriateness of the actions of the Ibwn,” he wrote.
The designation of an area as a “landmark” by the commission “does not have the force of law,” the judge ruled. “Therefore the Town cannot simply rely upon this designation by the Commission to pass an Ordinance limiting property rights. The Town had a duty to determine what the Commission actually did before it relied upon the actions of the Commission.”
The law establishing the commission defined an historic district as “a geographically designated area, which contains a significant concentration of historic buildings, structures or sites sharing a common historical, architectural or cultural heritage.”
Parker wrote that “there is nothing in the report to the Commission or the Commission’s minutes to indicate that the Ibwn comes within this definition.”
Both sides in the lawsuit, Parker said, stipulated that the Town “does not contain any individual buildings or structures designated as historical landmarks.”
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