Washington Square West historic district has been overturned in court

The Washington Square West historic district, which covers 1,441 properties in Center City, has been overturned in a ruling by Court of Common Pleas Judge Christopher Hall.

Approved in 2024, the historic district was the largest in Philadelphia, covering a variety of buildings that date between 1740 and 1985. It was supported by the nonprofit Preservation Alliance of Greater Philadelphia and the Washington Square West Civic Association.

Opponents of the district, led by Washington Square West resident Jonathan Hessney, contended that historic regulations would add cost burdens to property owners. In court, their lawyer, Dan Auerbach, argued against what he described as flaws in the Philadelphia Historical Commission’s consideration of the case.

Auerbach took issue with the involvement of Emily Cooperman, a member of the Historical Commission, in drafting the nomination. He argued that her role in working on the case was improper, even though she recused herself from voting.

Auerbach also argued that the nominators did not present substantial evidence at the commission meeting to support their claims that the large geographic area covered constituted a unified historic district.

“There was literally no evidence to support that,” Auerbach’s legal brief says. “Nobody testified. The nominators seeking designation put no facts or evidence into the record.”

In his one-page ruling, the judge appeared to agree with the challengers of the Washington Square West Historic District on those two arguments.

In a brief footnote, containing the only explanation for his ruling, Hall described the nomination as “not in accordance with the law.”

He cited an ethics provision in the Philadelphia code that no city officer or employee “shall assist another person by representing him directly or indirectly … in any transaction involving the city.”

In a phone interview, Cooperman said that she worked on the nomination largely because she had helped write a version of the case for a Washington Square West historic district that was presented in 2009, long before she sat on the commission.

She said she believed that the small amount of paid work she did on behalf of the Washington Square West Civic Organization in bringing the 2024 nomination up-to-date was legal, as long as she recused herself from the case before the commission.

“There have been other members of the commission that have had work before the commission, so that’s particularly surprising,” Cooperman said about Hall’s ruling. “That’s what the whole recusal aspect of the city’s ethics regulations are for.”

Hall also agreed that the supporters of the historic district had not presented sufficient evidence to make their case.

“The decision to designate the district, moreover, was not supported by ‘substantial evidence,’” Hall wrote.

At the Feb. 19 hearing, Hall persistently questioned the city’s lawyer, Leonard Reuter, to present support for the Historical Commission’s ruling, dismissing his statements as “a conclusion” and not evidence.

“At this time, the Historical Commission staff is working with the city’s Law Department to review the court’s decision and are preparing to evaluate their options,” city spokesperson Bruce Bohri said in an email. “We don’t have further comment beyond that right now.”

Auerbach also argued that the historic merits of the case presented by the nominators to the commission were flawed, but the judge did not appear to rule on that claim.

“Washington Square West was one of the most significant historical district designations in the city’s history,” Auerbach said in an email statement. “There was absolutely no evidence to support it. We are delighted that it has been overturned.”

The appeal of the Washington Square West historic district is one of several recent cases against the Historical Commission.

A judge ruled against a challenge to the Spruce Hill Historic District, a decision that is currently being appealed to Commonwealth Court. Another case against the Northwest Apartments Thematic Historic District — which covers 30 properties from the first half of the 20th century — has not yet been ruled on.

Hall’s ruling will have no effect on cases that have already been decided.

But Auerbach says it will require preservationists to be more careful in framing their cases: “Future nominations will have to be based on real evidence with procedures that far better protect property owners,” he said in an email.

Historic nominations are frequently challenged, but the courts generally find in favor of the commission, trusting its expertise on historic matters.

“This comes as a surprise and disappointment,” said Paul Steinke, head of the Preservation Alliance. “To our knowledge, the provisions of the city’s historic preservation ordinance with respect to designating historic districts were followed. We are confused as to what aspect of that process did not comply with the law.”