PnoTECTTNG THE PrncES THAT Mex¡ PtTTsBURGH Horvrs Pittsburgh History & Landmarks Foundarion 1.00 !Øest Station Square Drive, Suite 450 Pittsburgh, PA | 521,9 -L734 www.phlf.org Address Service Requested PusrtsH¡o FoR THE MEMBERs oF THE Prmssuncn Hrsrony s{ LANDMARKS FouNDATToN No. 165 October 2003 Victory for l^andmarl$ and Preservationists: In this íssue: Federal Dismisses Cvs/Gustine Homestead Suit 2-9 J"dg Our Work Recent Progress On June 6, Judge Gary L. Lancaster communiry of Homestead looking to CostlyforAll Involved of the District Court of IØestern expand its historical tourism draw, the 7 The lawsuit has been costly for all Pennsylvania soundly dismissed the main street's historic commercial archi- Landmarks' panies involved, and in particular for Commitment to suit that the CVS drugstore chain and tecture from the period c. 189G-1940 is Landmarks and its insurance company, Sacred Places Continues its realtor Gustine Properties had more important than ever. Although AlGAtrational Union Fire Insurance brought against Landmarks and 16 Homestead ordinances do not prohibit Company of Pittsburgh, which supported 10 other municipal, individual, and non- development of properties of historic Landmarks throughout the litigation Lawrenceville: profit entities in 2000, demanding significance, they are by law subject to Full of Incident process. The American Civil Liberties $7 million and alleging that Landmarks additional considerations. The historic and Discovery Union and the National Trust for and others had "conspired" to deprive value of the properties was not even Historic Preservation provided legal the developers of their civil liberties by discussed at the first vote of the support and friend of the court briefs 20 opposing the demolition of a group of Homestead Borough Council. for the non-governmental defendants. Events: October-December main street buildings in Homestead's In September 1998, the Homestead The ACLU accused CVS and Gustine historic district. Borough Council initially voted to of trying to silence the defendants with Lancaster found the plaintiffs' approve the CVS project, but after the Judge a SLAPP suit-a Strategic Lawsuit claims were without merit. On hearing vote, "the council received substantial Against Public Participation. These the news Landmarks' president Arrhur public comments against the project . suits are used as intimidation devices. Ziegler said: "This is a great victory spe,arheaded by the Piasburgh History The plaintiff, usually a large company, for historic preservation and for free 6c Landmarks Foundation," according knows that the suit is frivoious, bur also speech across the nadon. And ironicall¡ to the decision. The council Judge's knows that, in Pennsylvania at least, the in light of the CVS/Gustine charges, "rescinded its approval for further defendants have no way of recouping it is a victory for the protection of civil consideration." ln May 2000, the their legal fees in the course of the case. liberties. !íe believe the findings will in CVS plan was effectively rejected, and "Standing up for your community is a fact ensure the civil liberry of protecting in in spite of a variety of alterna- June, constitutionally protected activityr" our nation's architectural heritage." tive solutions proposed by Landmarks, says !íitold Walczak of the ACLU. CVS filed a notice of land use appeal The ACLU looks on SLAPP suits as a How the Controversy Began in the Court of Common Pleas in violation of First Amendment rights. Evidence of neglece 100 block, E. Allegheny Counry and a civil suit 8th Ave. [n7998, CVS submiaed a building A Pinsburgb Post-Gazette editorial in the federal court. application to the Homestead Borough from September 1,4,2000 agrees, The civil suit accused Landmarks The Defendans Council for a new pharmacy building. "If [SLAPP suits] are successful, they and others of violating the plaintiffs' The proposed project would have can have a chilling effect on the willing- Municþalities constitutional rights to procedural due destroyed the south side of the ness of citizens and groups to speak out Borough of Homestead Planning process of law, substantive due process 100 block of East Eighth Avenue, in meetings, file zoning appeals, lobby Committee of law, and equal protection of the law. Homestead's main street, demolishing their representatives, write letters, or The Borough of Homestead However, declaring that "plaintiffs 'West ten buildings of historical significance. take other actions." The Borough of Homestead cannot recast a common local land use ln its place would have been constructed Homestead Borough Council dispute and make the proverbial 'federal a CVS drugstore, with a parking lot What Happens Now? and a drive-through pharmacy. case out of it' simply by invoking the Non-profits customary constitutional Although the federal decision has The proposed site is part of the deprivation Homestead-area Economic buzzwordsr" Lancaster thrown out the civil suit, the fate of Homestead Historic District, which Judge held that Revitalization Corporation a jury "could not conclude the 100 block of East Eighth Avenue was listed on the National Register that defen- Pittsburgh History & Landmarks dants have violated has yet to be decided. Since the start of Historic Places in 1990. Iíith the any of the plaintiffs' Foundation constitutional rights in this maner." of the controversy in 1.998, Gustine The Steel Valley Enterprise Zone Properties has failed to maintain the Corporation 100 block, allowing the buildings to Amity and East Eighth Avenue: Although rhe outcome of the CVS/Gustine lawsuit is remain vacant and to fall into disrepair. a victory for preservation, the tragedy is that more buildings in Homestead's 100 block Individuals In2002, building inspectors ruled that of East Eighth Avenue have become vacant and have deteriorated due to the time the The following were either sued as the dilapidated buildings would either lawsuit took and the uncerainty it created. individuals, and/or as representatives have to be repaired or razed. of one of the above organizations: CVS is now studying an alternative proposal, much like one proposed by Elisa J. Cavalier Landmarks n 1,998, that would allow Cheryl Chapman it to build on the proposed site while Lloyd Cunningham keeping many of the historic façades. George DeBolt Meanwhile, Landmarks is looking to John J. Dindak see how Homestead's local ordinance Elizabeth J. Esper requiring appropriate maintenance Dorothy E. Kelly of historic buildings can be enforced David Lewis with Gustine, and is also studying Judith Tener the possibility of submitting a share- futhur P.Ziegler,Jr. holder's proposal at the next CVS shareholder meeting requiring CVS to Landmarks is grateful to Gary P. Hunt terminate its practice of demolishing of Ti¡cker fuensberg, P.C., and Anna buildings listed on the National Register Engh, Mark Lynch, and Rob Kelner of or within national or locally-designated Covington & Burling for successfully historic districts in order ro construcr representing the defendants in the new stores. CVS/Gustine lawsuit. Page 2 PHLF News October 2003 OUR \TORK3 RECENT PROGRESS Alternative 6 One of 1l designs displayed by PennDOT during a public meeting on July 16, Alternative 6 shows how -¡-g St. Nicholas Church can be saved a¡rd how Route 28 I rrlocrt¡o ñorrorx r¡I sou¡xl¡¡ can remain at the ground lA¡rloaD tta€tt level ofthe church and be çç widened, using a small extension over the Conrail t^tvl NtcHoLas cxuacH right-of-way. lttt¡tltG sa ra Progress with Route 28 Expansion Plans Charles L. Rosenblum prominent Pennsylvania legislators Alternative 5 shifts the roadway toward the implementation of this approach. "If the fiack lù(iagner, Jim Ferlo, Don lüalko, and river and raises it over the Norfolk & railroad right-of-way were retrieved, you Jeffrey Earl Habay) sponsored enabling Southern Railroad right-of-wa¡ allowing a could save the hillsides all the way in from legislation. PennDOT took the idea seriously speed limit of 50 mph. The raised height of Millvale." Landmarks is now working with and assigned Baker Engineering the task this scheme also partially obscures the members of the state legislature to draft of a full analysis of structure, traffic, and church. Alternative 6 was developed by legislation to make this possible. fiscal feasibility. PennDOl based on the partial implemen- Tom Fox states that PennDOT will be On July L6, PennDOT held an open tarion of ideas proposed by Landmarks evaluating numerous concerns as they move house at the Three Rivers Rowing trustee George ìíhite. In Alternative 6, toward a final des.ign. "Money is certainly Associa¡ion Boat House on Vashington's reduced sidewalk and road shoulder widths an object, but it isn't the only.factor," he Landing-within sight of much of the allow the roadway to pass the church at its explains. "!le want to satisfy the needs of proposed construction. There, they displayed ground level with a speed limit of 40 mph. the people and the needs of a.project with 11 different designs that are under study A road from Vinial S¡reet gives access the least environmental impact." and invited all visitors to examine docu- to the church, and PennDOT Ilhen PennDOT released irc initial proposal ments, question PennDOT officials, and has offered to build a new to widen Route 28 benveen Millvale submit written comments. "We wanted to parking lot. and the North Side, the potential loss of lay them out and let everybody come look Many observers were St. Nicholas Church and many houses at themr" explained Tom Fox, assistant pleased with the latter two on Troy Hill-and the construction of engineer for design at PennDOT. schemes, while also hoping enormous concrete retaining walls-drew Among the 11 designs, seven of them thar further improvements cries of protest. More recentl¡ PennDOT (including a tunnel, a river road, and an might be possible.