BONNIE BRIAR SYNDICATE, INC., APPELLANT, v. TOWN OF MAMARONECK, ET AL.,
RESPONDENTS.
94 N.Y.2d 96 (1999).
November 23, 1999
1 No. 176
(99 NY Int. 0155)
Decided November 23, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Stuart R. Shamberg, for appellant.
Robert S. Davis, for respondents.
American Planning Association; Natural Resources
Defense Council, et al.; State of New York, amici curiae.
LEVINE, J.:
Plaintiff owns a 150-acre tract of land in the Town of Mamaroneck
which, since 1921, has been used as a private golf course. This appeal
addresses whether the change in zoning ofplaintiff's property in 1994,
from residential to solely recreational use, constituted a regulatory
taking under the Fifth and Fourteenth Amendments to the United
States Constitution. Resolution of this question requires us to
ascertain the appropriate standard to be applied in reviewing the
sufficiency of the relationship between the Town's interests and the
rezoning determination on this purely regulatory taking claim.
The Bonnie Briar Country Club has leased the land from plaintiff since
1921. The following year, the area in which the Club is located for
the first time became subject to a zoning ordinance. The land was
zoned for residential use, permitting single family detached homes on
lots of at least 15,000 and, in some areas, 30,000 square feet. The
area surrounding Bonnie Briar was similarly zoned, and over the years
has been developed in accordance with those zoning restrictions.
In the 1960's, the Town of Mamaroneck began to focus on its
diminishing open spaces and in 1966 developed a "Master Plan" in order
to address the issue in a comprehensive manner. This Master Plan
recommended that Bonnie Briar remain a golf course. A Master Plan
"Update" in 1976 recommended that another neighboring golf course --
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
Plaintiff owns a 150-acre tract of land in the Town of Mamaroneck which, since 1921, has been
This appeal addresses whether the change in zoning ofplaintiff's property in 1994, from
Resolution of this question requires us to ascertain the appropriate standard to be applied
The Bonnie Briar Country Club has leased the land from plaintiff since 1921.
the Town of Mamaroneck began to focus on its diminishing open spaces and in 1966 developed a
A Master Plan "Update" in 1976 recommended that another neighboring golf course --the Winged
That study also recommended the retention of the golf course properties as recreational areas
the Towns of Mamaroneck and Larchmont together adopted a "Local Waterfront Revitalization
The LWRP found that the Town golf clubs were "appropriate uses which, in addition to their
In 1988 the Town retained Shuster Associates, a private planning firm, to assist in
Because rezoning these golf course properties required a review pursuant to the State
After preparation of a Generic Environmental Impact Statement in 1991, the Board issued a
In addition, the Findings Statement explained that further residential development would
Based upon all of the foregoing considerations, the Findings Statement concluded that the
Supreme Court granted defendant partial summary judgment, dismissing plaintiff's cause of
Thus, its only remaining claim is that the "substantially advance" alternative regulatory
(supra), plaintiff claims that Local Law 6 fails to meet the Agins standard because there is
the Supreme Court applied the "substantially advances" prong of the Agins standard for a
Seven years later, the Supreme Court decided Dolan v Tigard, another exaction case, in which
There were takings scholars who read the cases as creating a new standard for all regulatory
v City of New York, 74 NY2d 92, with id., at 117; compare, Manocherian v Lenox Hill Hosp., 84
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