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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

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
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05169
Area of lawEnvironmental, Land Use and Eminent Domain · Civil Rights and Constitutional Law
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
Related recordsHampshire 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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Published September 2, 2026. Updated November 14, 2026.