A Victory for Historic Preservation at the Virginia Supreme Court

On December 30, 2025, the Virginia Supreme Court ruled in favor of historic preservationists in the case Historic Fredericksburg Foundation, Inc. v. The City Council for the City of Fredericksburg, et al.

The National Trust for Historic Preservation and Preservation Virginia submitted a joint amicus brief in the case in support of Historic Fredericksburg Foundation, who were the plaintiffs in the case. Historic Fredericksburg Foundation had sought to appeal the decision of the City of Fredericksburg to permit the demolition of a designated historic building located only 46 feet from their headquarters but were denied standing by City Council and by the Circuit Court and Court of Appeals.

The designated historic building at question is located at 204 Lewis Street in Fredericksburg, Virginia. It was constructed between 1910-1912, as an outbuilding (likely servants quarters) associated with a local lumber merchant residing in the nearby Charles Dick House. As one of the few surviving buildings of its type in the area, the 204 Lewis Street building helps connect the modern-day community with its past and define Fredericksburg's distinctive historic character.

The National Trust's amicus brief focused on the potential ramifications of the case for historic preservation advocates in Virginia. If the Court of Appeals decision had been left in place by the Virginia Supreme Court, local governments would gain the power to prevent historic preservation organizations from challenging their demolition decisions by denying them standing. The National Trust's legal advocacy team participated in this litigation to help fight for the right of historic preservation organizations to enforce compliance with historic preservation laws, and to have their cases heard in court. This is directly relevant to the National Trust's congressional charter to "facilitate public participation" in historic preservation.

"One of the National Trust's litigation priorities is defending the standing of historic preservation organizations, and this decision by the Virginia Supreme Court reinforces the importance of that work," said Christopher Cody, Associate General Counsel for the National Trust. "We will continue to monitor this case at the Circuit Court to ensure that the standing of Virginia's historic preservation organizations is fully and clearly affirmed."

In its ruling, the Virginia Supreme Court remanded the case back to Circuit Court with specific instructions to re-evaluate Historic Fredericksburg Foundation's standing. The National Trust is prepared to resume our involvement if the Circuit Court denies Historic Fredericksburg Foundation's standing again, but given the Virginia Supreme Court's new instructions we believe that we have prevailed on this crucial issue.