Practice Area
Historic Preservation
Neal & Leroy’s historic preservation attorneys advise municipalities, institutions, and property owners on landmark designation historic resource protection, tax incentives, and preservation disputes across Illinois. We represent and advise clients on both sides of these questions, helping to protect historic properties and, when needed, securing relief from the restrictions that come with landmark status.
Our Historic Preservation Practice
How We Approach Historic Preservation
Historic building ownership carries legal obligations that an ordinary property doesn’t. Neal & Leroy has represented owners seeking relief from landmark restrictions, advised municipalities including Chicago, Evanston, and Oak Park on designating landmarks and landmark districts, and litigated preservation and tax issues at trial and upon appeal.
Two of our attorneys, Langdon D. Neal and Jeanette Sublett, have been named Living Landmarks by the Landmarks Illinois for their extensive and successful work on historic preservation matters. Richard F. Friedman, who leads this practice, was recently selected to serve on the advisory board of the National Preservation Lawyers Network of the National Trust for Historic Preservation Mr. Friedman formerly served as legal counsel to the Chicago Landmark Commission.
Preservation matters can arise from either perspective. We advise clients seeking to protect properties through local landmark designation, or National Register listing. We advise clients on historic property tax benefits, as well as those seeking relief from existing restrictions or approval for demolition or construction. Our experience on both sides of these matters provides a comprehensive understanding of the legal and regulatory considerations involved.
One of our better-known matters involved physically relocating the historic Harriet F. Rees House to a new site one block north to make way for expanded facilities near McCormick Place. Our attorneys secured the local, state, and federal approvals the move required and coordinated the team that carried it out over two days.
Our work has also touched some of Chicago’s most visible preservation matters:
- The Obama Presidential Center’s development within Jackson Park, a nationally designated historic landmark
- The restoration of the Museum of Science and Industry’s South Portico, which dates to the 1893 Columbian Exposition.
Historic preservation involves a relatively limited number of properties, but the stakes are often significant and the legal issues complex. That’s why clients frequently rely on us for ongoing counsel rather than treating preservation matters as one-time engagements.
OUR HISTORIC PRESERVATION PRACTICE
- Landmark and Historic District Designation
- Litigation to protect historic properties
- National Register of Historic Places proceedings
- Preservation tax Incentives, including TIF Grants, Federal and Illinois Historic Tax Credits, and property tax assessment freezes (state and Cook County Class L)
- Preservation easements and covenant enforcement
- Demolition and alteration permit disputes
- Historic Property litigation and appeals
Our Work
Representative Matters
A selection of matters handled by our Historic Preservation team. Client identities are anonymized or withheld where confidentiality applies.
EASEMENTS & PRIVATE OWNERS
Represented and advised not-for-profit in its protection and acquisition of historic granary in Pecatonica, Illinois.
Represented a landmarks organization in defending claims related to preservation easements and charitable gifts, and enforced owners’ compliance with covenants to preserve historic properties. Represented a landmarks organization in defending claims related to preservation easements and charitable gifts, and enforced owners’ compliance with covenants to preserve historic properties. Also represented and advised private owners in landmark designation proceedings, National Register listings, and matters involving buildings rated orange on the Chicago Historic Resources Survey.
HIGHER EDUCATION & INSTITUTIONS
Represented Landmarks Illinois as amicus curiae in Illinois Appellate Court and Illinois Supreme Court. Represented Landmarks Illinois as amicus curiae in Illinois Appellate Court and Illinois Supreme Court
Advised the Obama Presidential Center on historic preservation matters connected to the Center’s development within Jackson Park, a nationally designated historic landmark.
Advised the Museum of Science and Industry on historic preservation matters tied to the restoration of the Museum’s South Portico, built for the 1893 Columbian Exposition.
Represented the Chicago Board of Education before the Illinois State Historic Preservation Agency on the inclusion of school property in a National Register District, and advised on landmark and National Register impact across numerous school buildings.
Negotiated a redevelopment agreement for the University of Illinois with the City of Chicago allowing for the rehabilitation, relocation, and financial support of the University’s historic Maxwell Street properties, and successfully defended the University in federal court against a challenge to South Campus development brought by preservation advocates.
MUNICIPAL DESIGNATION & ZONING
Represented and advised City of Elgin, Village of Oak Park and City of Evanston landmark commissions. Represented and advised City of Elgin, Village of Oak Park and City of Evanston landmark commissions in multiple proceedings to designate district or historic buildings and in permit application disputes.
Served as legal counsel for the City of Chicago in the valuation and acquisition of landmark properties, including the Reliance Building (Hotel Burnham), the Chicago Theatre, the Ford Theater, and the Oliver Building. Served as legal counsel for the City of Chicago in the valuation and acquisition of landmark properties, including the Reliance Building (Hotel Burnham), the Chicago Theatre, the Ford Theater, and the Oliver Building. Also recovered damages in court on the City’s behalf against an owner for intentional destruction of the historic Rincker House.
Guided the Village of Oak Park through zoning standards for rehabilitating and reusing retail space in the historic Dreschler Building. Guided the Village of Oak Park through zoning standards for rehabilitating and reusing retail space in the historic Dreschler Building; advised on removal of a building mistakenly given historic recognition, and defended the Village in trial and appellate court proceedings over demolition permit applications.
RELOCATION
Obtained the local, state, and federal approvals required to physically relocate the historic Harriet F. Rees House one block north to accommodate expanded facilities near McCormick Place.
TAX INCENTIVES & PROPERTY RELIEF
Defended Landmarks Illinois in trial and appellate courts against challenges to its preservation easement program.
Advised Five Points theater owner on Class L tax assessment reduction and permitted modifications to its protected historic property.
Secured a Class L property tax incentive for the Historic Exchange Building from Cook County. Secured a Class L property tax incentive for the Historic Exchange Building from Cook County, reducing the client’s assessed value for twelve years, obtained permits for construction sympathetic to the building’s historic status, and recovered a set of historic statues for display on the building’s private plaza.
ZONING & LAND USE
Represented county in structuring deal to allow private development to rehab historic landmark hospital building.
Legal Services
Related Practice Areas
The Team
Related Attorneys
Langdon D. Neal
Managing Member
Jeanette Sublett
Managing Member
Richard F. Friedman
Partner
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