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BRIAR SYNDICATE v. MAMARONECK

94 N.Y.2d 96 (1999)

721 N.E.2d 971

699 N.Y.S.2d 721

BONNIE BRIAR SYNDICATE, INC., Appellant, v. TOWN OF MAMARONECK et al., Respondents.

Court of Appeals of the State of New York.

Decided November 23, 1999.

Attorney(s) appearing for the Case

Shamberg Marwell Hocherman Davis & Hollis, P. C., Mount Kisco (Stuart R. Shamberg, Adam L. Wekstein and Geraldine N. Tortorella of counsel), for appellant.

Robinson Silverman Pearce Aronsohn & Berman, L. L. P., New York City (Robert S. Davis, James M. Altman and Judith M. Gallent of counsel), for respondents.

Community Rights Counsel (Douglas T. Kendall and Timothy J. Dowling, of the District of Columbia Bar, admitted pro hac vice, of counsel), and Bachner Tally & Polevoy, L. L. P., New York City (Norman Marcus of counsel), for American Planning Association, amicus curiae.

Cravath, Swaine & Moore, New York City (Frederick A.O. Schwarz, Jr., Alexandra S. Wald and Kimberly M. Duckett of counsel), for Natural Resources Defense Council and others, amici curiae.

Eliot Spitzer, Attorney General, Albany (Preeta D. Bansal, Peter H. Schiff, Denise A. Hartman, Peter H. Lehner, Lisa M. Burianek and John J. Sipos of counsel), for State of New York, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

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 of plaintiff'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...

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