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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05169 |
| Area of law | Real Property · Environmental, Land Use and Eminent Domain |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05169 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 303 |
| Decided together | Hampshire 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/
How this record was made
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