Question: In 2003 Hall acquired a sculpture by Anselm Kiefer a
In 2003, Hall acquired a sculpture by Anselm Kiefer, a German artist, and placed it on the lawn of his property fronting Harbor Road in the Southport Historic District, which is one of three historic districts in Fairfield, Connecticut. The sculpture is approximately 80 feet long and weighs more than six tons. It was placed on a specially prepared trench filled with more than 21 tons of gravel and stone. The Fairfield Historic District Commission regulates the use of historic property under a Connecticut statute that states, "No building or structure shall be erected or altered within an historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to the historic district commission and approved by said commission." Hall initially filed an application for a "certificate of appropriateness" with the Commission, but withdrew it before the Commission acted on it and went ahead and installed the sculpture. The Commission filed an action against Hall, seeking to force Hall to remove the sculpture or file an application for a certification of appropriateness within 30 days. Hall claims that the sculpture is not a "structure" because it is not affixed to the land by direct physical attachment nor embedded in the ground, and therefore, the Commission has no jurisdiction over the placement of the sculpture. Is the sculpture likely to be considered a "structure?"
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