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Page 4 <br />Look at the perimeters of your district so as not to isolate <br />your area and to be able to use and control administratively <br />the surrounding area. Use incentives to encourage buildinq <br />remodeling and maintenance. Stop not only demolition for <br />economic reasons but also demolition by neglect, by having <br />the city bring a home or building up to code levels and <br />then put it as a lien or the -property to either force an <br />absentee owner to take care of the property or sell it. <br />The area was sold to the public by its quality of life, <br />economic potential, etc. <br />Litigation Saturday (Murphy) - <br />Historic zoning has been proven successful and upheld in <br />the courts. Has same value or standard over.the entire area <br />not according to property lines. It also stays there <br />permanently. Local Government is subject to local Historic <br />zoning and not like common zoning. Case upheld in Maryland <br />courts. Case concerned black church sold to county govern- <br />ment and saved from demolition. Historic zoning is unique <br />and in a class of its own with a unique value. <br />Morrison <br />New Orleans -vs- Bergman - (1923 or 24) Superior Court <br />decision by Justice O'Neil said every building in a historic <br />zoning area is subject to control and under its jurisdiction. <br />Citizens to Preserve Overton Park Memphis -vs- Overton <br />U.S. Superior Court Secretary of Transportation had not done <br />his work - You cannot build a highway in a Historic zoning <br />area unless you try to preserve it. <br />Port of New Orleans -vs- Vic Carey - (1974) had <br />nothing to do with flood control in a historic district. <br />Look up landmark Law in New York - upheld by Superior Court - <br />Manhattan Club case. New York had right to declare a <br />building a landmark over the disapproval of the private <br />owner. , <br />Anderson ? Crown Zellerch -vs- Dallas City Council - (1973) <br />Swiss Avenue Area - Highly specialized 8 black residential <br />area - had the grandest homes in Dallas and so some of the <br />most. famous people of the past, lived there. In time 1.11e <br />area around it lost its elegance and apartmelits e11CI-OdChed <br />in the next street. Meantime, Swiss Avenue started to <br />revitalize. 1972 Plan Commission decided to preserve the <br />area by changing the zoning to single family zoninci by the <br />Historic method but first the Dallas law had to be changed <br />to have the right to declare a Historic zoning area and <br />