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Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05169

Hampshire Recreation, LLC v Village of Mamaroneck

Read the official decision: 2026 NY Slip Op 05169

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Holding The Supreme Court properly denied the defendants’ motion to dismiss the complaint for failure to state a cause of action for regulatory taking. The plaintiff sufficiently alleged that the Planning Board’s denial of residential development proposals interfered with reasonable investment-backed expectations and caused a significant diminution in property value.

The court’s words

the complaint sufficiently alleged the elements of a cause of action to recover damages for a regulatory taking

2026 NY Slip Op 05169, at the official text

the value of the property decreased from approximately $63.5 million to approximately $5.4 million

2026 NY Slip Op 05169, at the official text

the Planning Board denied all proposals that included a residential component and thereby interfered with the plaintiff's reasonable investment-backed expectations

2026 NY Slip Op 05169, at the official text

the defendants failed to offer evidence that utterly refuted the plaintiff's factual allegations and conclusively established a defense as a matter of law

2026 NY Slip Op 05169, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05169
Area of lawReal Property · Environmental, Land Use and Eminent Domain
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05169
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id303
Decided togetherHampshire Recreation, LLC v Village of Mamaroneck, 2026 NY Slip Op 05170

Recommended citation

ESQ HQ, New York Law Watch, Hampshire Recreation, LLC v Village of Mamaroneck, 2026 NY Slip Op 05169 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05169/

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Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 2, 2026. Updated November 14, 2026.