Appellant-plaintiff Martha S. Pressley appeals the trial court’s grant of summary judgment in favor of appellees-defendants Newburgh Town Council (Town Council) and Town of Newburgh Historical Preservation Council (Preservation Council) (collectively, the Town). Specifically, Pressley argues that the trial court erred in denying her motion to strike an affidavit that the Town presented in support of its motion for summary judgment regarding the inclusion of her property in a historic preservation district (HPD). Moreover, Pressley claims that the designated evidence established as a matter of law that the Town failed to comply with several statutory requirements before determining that her property could be included in an HPD.
Conclusion (slip op. at 12): Pressley has failed to show that the Town erred in designating her property as an HPD, and we conclude that the trial court properly granted the Town’s motion for summary judgment. Affirmed.
Key Analysis (slip op. at 11-12): The HPC followed the requisite statutory procedures in considering the property for inclusion in an HPD, and recommended to the Town Council that Pressley’s property be designated as such. The evidence contained in the record, including the Report, Hijuelos’s survey and on-site inspections, the maps adopted by the HPC, and the minutes of the meetings, supported the Town’s determination that Pressley’s property is of outstanding historic and architectural merit.
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