Reiter v. The City of Beloit

Homeowner Janna Reiter (plaintiff) filed suit to appeal the City of Beloit’s (City) (defendant) decision to rezone and grant a building permit for construction of a Casey’s General Store on a lot adjacent to Reiter’s historically designated home known as the C.A. Perdue House. The property proposed for rezoning (Casey’s property) was vacant and surrounded by a vacant lot, a fast-food restaurant, and 2 single-family dwellings, including the Perdue House. The owner of the Casey’s property tried and failed to sell the property as a residential lot for several years. Before issuing its decision to rezone the property, the City notified the Kansas State Historic Preservation Officer (SHPO) of the rezoning application. SHPO conducted an investigation and provided a letter to the City that indicated its opinion that construction of a Casey’s would be incompatible with and encroach up on the Perdue House based on standards and guidelines issued by the Interior Secretary. The letter also invoked a state statute that required the City to make a determination that no feasible and prudent alternative existed and make plans to minimize damage to the Perdue House before the rezoning could be approved or the permit for building could be issued. Hearings were held on both the rezoning application and the building-permit application, after which the City determined that there was no feasible and prudent alternative to the rezoning or to the building permit. The City issued the building permit with several conditions imposed to minimize any potential harm to the Perdue House. Reiter sued in district court, which ruled in favor of the City. Reiter appealed.