Presidio Historical Ass'n v. Presidio Trust, No. 13-16554 (9th Cir. 2016)Annotate this Case
This appeal stems from a dispute between the future development of the historical heart of the Presidio of San Francisco, the Main Post. The Main Post is managed by the Trust, created by the Presidio Trust Act, 16 U.S.C. 460bb app. The Trust is governed by both the Presidio Trust Act and the National Historic Preservation Act (NHPA), 54 U.S.C.A. 300101 et seq. This appeal is limited to the Trust's amendment of the Presidio Trust Management Plan, which proposed a new lodge adjacent to the Presidio's Main Parade Ground. The court concluded that the Trust’s Update with respect to the proposed lodge and the offsetting demolition in the Main Post area is consistent with Section 104(c)(3) because it constitutes “replacement of existing structures of similar size in existing areas of development” under the Presidio Trust Act. The court also concluded that the Trust’s procedural undertakings meet the heightened standard of care imposed by Section 110(f) of the NHPA to undertake “to the maximum extent possible . . . such planning and actions as may be necessary to minimize harm to the landmark.” Accordingly, the court affirmed the judgment.