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O'MARA v. TOWN OF WAPPINGER

Docket Nos. 06-0078-cv(L), 06-1323-cv(CON).

485 F.3d 693 (2007)

Donald J. O'MARA III, Patrick L. O'Mara Sr., and Absolute Property Management, Inc., Plaintiffs-Counter-Defendants-Appellees, v. TOWN OF WAPPINGER, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 16, 2007.

Attorney(s) appearing for the Case

Gary Stein (Frank Lasalle, Dacia Cocariu, Schulte Roth & Zabel LLP and Emanuel F. Saris, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP on the brief), Schulte, Roth & Zabel LLP, New York, NY, for Defendant-Counter-Claimant-Appellant.

Kenneth C. Brown (James W. Gatthaar, Susan E. Galvao, Bleakley Platt & Schmidt, LLP and Maurice J. Salem on the brief), Bleakley Platt & Schmidt, LLP, White Plains, NY, for Plaintiffs-Counter-Defendants-Appellees.

Michael E. Kenneally, Jr., Albany, N.Y. for The Association of Towns of the State of New York as amicus curiae in support of defendant-counter-claimant-appellant Town of Wappinger.

Before: SOTOMAYOR, KATZMANN, Circuit Judges and CEDARBAUM, District Judge.

KATZMANN, Circuit Judge.

The Town of Wappinger ("Town") appeals from a judgment resolving the enforceability of an open space restriction imposed by the Town of Wappinger Planning Board ("Planning Board"). This case calls on us in principal part to resolve a question of New York property law: Is an open space restriction imposed by a subdivision plat under New York Town Law § 276 enforceable against a subsequent purchaser, and under what circumstances? For the...

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