City of Philadelphia appeals court ruling against Wash West historic district

Philadelphia’s Law Department is appealing a Court of Common Pleas ruling against the Washington Square West historic district.

Created in 2024, it covers 1,441 properties and is one of the largest historic districts in the city.

Opponents of the district challenged it court, contending that the city’s preservation regulations are burdensome on homeowners and that the Washington Square West district is overly broad.

In its historic district nomination, the Washington Square West Civic Association argued that the district cover over 200 years of history.

The ruling Feb. 26 by Judge Christopher Hall stunned preservation critics and supporters alike and threatens to invalidate a district that stretches from Eighth Street to the edge of Broad and from parts of Walnut to South Street.

While under appeal, the district remains in place pending review by the Commonwealth Court.

“The city did appeal the ruling ... [that means] essentially a stay on the reversal ruling,” city Law Department spokesperson Ava Schwemler said in an email. “The ruling is stayed, so Washington Square West retains its historic district designation for now.”

The city declined to comment further.

Hall agreed with procedural critiques of the case from attorney Dan Auerbach, who represented the opponents of the district.

Auerbach contended that Historical Commission member Emily Cooperman should not have helped draft the Washington Square West district’s supporting materials.

Cooperman told The Inquirer that she had only updated the nomination, based an earlier version she helped write in the 2000s. She recused herself from the commission’s consideration of the district.

Hall also appeared to agree with Auerbach’s contention that the backers of the district did not present substantial evidence that such a large geographic area constituted a unified historic district.

“We look forward to showing the Commonwealth Court the irreparable flaws in the Historical Commission’s consideration of this nomination,” Auerbach said in an email. “We hope that the appeal will create precedent that protects other Philadelphians from similar abuses.”

Although legal challenges of the city’s preservation rules are not rare, few have been upheld in court. A judge ruled against a different challenge to the Spruce Hill Historic District, a decision that’s also being appealed to Commonwealth Court.

Auerbach included arguments against the historic merits of the Washington Square West district, but Hall did not appear to weigh in on that.

Following the appeal, Hall will have to further explain his ruling in a written opinion.

A hearing has not yet been scheduled.

Preservation advocates hailed the city’s appeal, which comes when the movement has been shaken by legislation under consideration by City Council and the proposed demolition of buildings in the district.

“We are glad the city has appealed the ruling and hope that as more information is provided that the designation of the historic WashWest neighborhood will be upheld,” said Paul Steinke, head of the Preservation Alliance of Greater Philadelphia.