Court of Appeals Upholds District Court’s Dismissal of Suit Against Village Involving Rezoning of Country Club for High-Rise Condos
WHITE PLAINS, NY (December 2016) — The law firm of McCullough Goldberger & Staudt, LLP announced that it has successfully defended the Village of Mamaroneck in a lawsuit brought against the Village by Hampshire Recreation, LLC seeking $55 million in damages.
On November 18, the United States Court of Appeals for the Second Circuit unanimously affirmed a District Court’s decision and dismissed all federal law claims alleging constitutional law violations against the Village.
Earlier in the year, the District Court had dismissed Hampshire’s claim that the Village had taken its property without just compensation. Hampshire Recreation LLC owns the Hampshire Country Club property within the Village.
Hampshire’s lawsuit centered on allegations that the Village had singled it out for disparate treatment and otherwise retaliated against it in connection with the Village’s zoning enforcement efforts and Hampshire’s desire to rezone its golf course property with a high-rise apartment style condominium. The decision brings an end to the federal lawsuit commenced over two year ago.
The Village was represented by Edmund C. Grainger, III, Esq. and Patricia W. Gurahian, Esq. of McCullough Goldberger & Staudt, LLP as lead counsel throughout the litigation.
About McCullough, Goldberger & Staudt, LLP
McCullough, Goldberger & Staudt, LLP represents a diverse group of clients. MGS has been an integral part of the Westchester community for more than 60 years. The firm offers a wide range of services in areas including land use, transactional real estate, banking law, commercial and residential real estate, trusts and estates, municipal law, construction law and surrogate’s court litigation. Its clients include corporations, insurance companies, municipalities, coop, condo and homeowners’ associations, developers, golf and country clubs and not-for-profits. Services are provided by a team headed by four partners, seven associates, and two of counsel attorneys.