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Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05170

Hampshire Recreation, LLC v Village of Mamaroneck

Read the official decision: 2026 NY Slip Op 05170

Holding The Appellate Division affirmed the denial of the defendants’ motion for leave to renew their motion to dismiss, finding that the plaintiff sufficiently alleged that obtaining a final decision from the Planning Board would be futile. Consequently, the finality rule did not bar the regulatory taking claim, and the subsequent Article 78 order did not change the prior determination.

The court’s words

the finality rule is "not mechanically applied"

2026 NY Slip Op 05170, at the official text

an owner of property will be excused from obtaining a final decision if it would be futile

2026 NY Slip Op 05170, at the official text

the plaintiff sufficiently alleged that it was not likely to receive an unbiased review by the Planning Board

2026 NY Slip Op 05170, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05170
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 05170
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id307
Related recordsHampshire Recreation, LLC v Village of Mamaroneck, 2026 NY Slip Op 05171; Hampshire Recreation, LLC v Village of Mamaroneck, 2026 NY Slip Op 05169

Recommended citation

ESQ HQ, New York Law Watch, Hampshire Recreation, LLC v Village of Mamaroneck, 2026 NY Slip Op 05170 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05170/

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 September 2, 2026.