New York's High Court Creates Another Obstacle For Property Owners Asserting Regulatory Takings Claims

In 'Bonnie Briar Syndicate, Inc. v. The Town of Mamaroneck', the Court rejected a property owner's claim that the Town of Mamaroneck's rezoning of a golf course from single-family residential to private recreational use effected a taking of property requiring just compensation under both the United States and New York State constitutions. In so holding, the Court has settled a question important to both landowners and municipalities in New York that had been left open by the United States Supreme Court as to the proper standard for reviewing regulatory takings claims not involving exactions. The following article reviews this court case in depth as well as provides lessons for municipalities and property owners in light of the Court's decision.