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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05170 |
| 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 05170 |
| 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 | 307 |
| 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 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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