Standing (Against the Demolition of History)

Following the Virginia Supreme Court’s decision in favor of HFFI getting a fair chance to make our case before the Court in December 2025, we now have a date for our hearing!  Join HFFI on Wednesday, September 30, 2026, in Circuit Court at 701 Princess Anne Street, and
stand against the demolition of historic buildings in Fredericksburg, VA.

By HFFI President, David Kelly James

Historic Fredericksburg Foundation Inc. has several important goals, one of which is to protect and preserve historic Fredericksburg. Anyone who cares about history and has lived in town for any length of time laments the loss of historic property. I have lived here all my life. Stopping the loss of historic properties is the reason I was willing to become the president of this organization. My objective was and continues to be, stopping the needless destruction of historic property.

To stop any City approved demolition, the challenger must demonstrate ‘standing’. It’s a legal term that simply means that you were approved to be heard. It has nothing to do with the merits of your case. HFFI must show a direct, immediate and, most often, pecuniary (monetary), interest in the matter that is different than the public at large.

We are in such a court case involving a historic property in the Historic District that is about 15 yards from HFFI’s headquarters known locally as the Lewis Store. The Lewis Store is independently listed in the National Register of Historic Places for its historical and architectural value within our community, but it is also one of hundreds of important properties in Fredericksburg’s Historic District that reflect the growth development of our city over time.

So how could the destruction of a historic property devalue its neighbor?

Let me ask you some questions: Do you live in a subdivision? Would your house be valued the same if it stood alone on a lot, without similar homes nearby? What if your neighbor’s house was neglected and not maintained? What if your neighbor was a graveyard or high-tension power lines? What about a nearby school or train station? How would these situations affect the value of your property? If you rent a house at the beach, would you expect to pay more for a rental on the beach or one a block away?

The bottom line is proximity. How close you are to a positive or negative influence ultimately affects your property’s monetary value. So, if Historic Fredericksburg Foundation Inc. does not have the right to ‘standing’, in such a case, then who the hell does?

A historic district exists ONLY if there is enough authentic historic fabric to allow it to continue conveying its history. Each time a historic structure is removed, that loss must be absorbed by the remaining pieces, transferring the weight of continuing the historic district (and the value of it) on to its adjacent neighbors. This comes at a cost. This cost is unlike that in a conventional subdivision, where a burned home can be replaced. If a historic block burns, then its tangible physical link to history is destroyed.

Every time a historically significant building is lost, we lose an important and valuable part of the community’s shared history in our historic district that can NEVER be replaced. The adjacent historical properties (if not the entire historic district) should have “standing” in front of City Council during the appeal process to preserve the collective property values.

Get up to speed on HFFI’s case and how the issue of “standing” has made national news for Preservation:

A Victory for Historic Preservation at the Virginia Supreme Court

Standing to Sue: Recent Cases Challenging the Legal Standing of Historic Preservation Organizations

Board of Building Code of Appeals Upholds Notice of Unsafe Structure Issued to 204 Lewis Street

Virginia Supreme Court Directs Circuit Court to Determine Whether HFFI Can Appeal Demolition of Historic Structure