submitted by Giles Communications
A $58 million lawsuit is moving forward following a filing in New York Supreme Court of a takings claim of Hampshire’s property.
(editor: Takings claims are claims by property owners against government entities for depriving an owner of property without compensation.)
Hampshire served the Village with a notice of claim in June in advance of seeking damages— for the Village’s alleged denial of any residential development at Hampshire Country Club in the Orienta section of the Village. Hampshire claims that the Village Planning Board’s conclusion that absolutely no residential development can occur on its property constituted a regulatory taking.
“The Village of Mamaroneck has declared that no residential development may occur on Hampshire’s property, despite the fact that it is zoned for residential use.” said David Cooper, a partner at Zarin & Steinmetz, the law firm representing Hampshire. “The Village’s declaration reduces the value of the property by tens of millions of dollars. Under the New York State Constitution, the Village is obligated to provide just compensation to the property owner.”
The Village Planning Board denied Hampshire’s requested approvals for The Residences last May. The Board rejected an application to build the proposed 105-home planned residential development on the Hampshire golf course property.