Z&S Fends Off Village’s Motion to Dismiss in a $58.1 Million Regulatory Taking Claim

In the latest round of litigation between the Hampshire County Club and the Village of Mamaroneck over the future development of a 106-acre golf course, Z&S Partner David Cooper secured a decision from the New York Supreme Court rejecting the Village’s attempt to dismiss Hampshire’s regulatory taking lawsuit. Hampshire filed the lawsuit after the Village Planning Board adopted negative SEQRA Findings and denied Hampshire’s zoning-compliant proposal to subdivide the County Club property into a Planned Unit Development consisting of 105 residential units and a 9-hole golf course. After studying 16 different development alternatives for the property during a 5-year long SEQRA review process, the Planning Board claimed that it could not approve a residential use of the Club’s property “regardless of the available alternatives.” Hampshire claims that the Planning Board’s rejection of all residential development resulted in the de facto rezoning of its property from an R-20 District to a conservation zone, and thus amounted to a regulatory taking under the Penn Central test. By Decision and Order, dated May 3, 2022, the Court found that Hampshire presented a viable case, and may proceed with its lawsuit seeking $58.1 Million in damages.