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
Holding The Supreme Court properly denied the defendants’ motion to dismiss the complaint because the plaintiff sufficiently alleged the elements of a regulatory taking claim. The complaint adequately alleged a significant decrease in property value, interference with investment-backed expectations, and bad faith by the Planning Board.
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, which is a 91% decrease in value of the property
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 Planning Board was biased against the proposed project and acted in bad faith
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 | Environmental, Land Use and Eminent Domain · Civil Rights and Constitutional Law |
| 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 |
| Related records | Hampshire Recreation, LLC v Village of Mamaroneck, 2026 NY Slip Op 05171; 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
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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