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Second Circuit Rejects Section 1983 Property Rights Claim

By Steven Silverberg and Katherine Zalantis

The Second Circuit Court of Appeals overturned a decision by the district court that found a property owner was not bound by a restriction contained in an old subdivision and that the Town had violated the property owners? rights by refusing to issue a certificate of occupancy for a house on the property (O?Mara v Town of Wappinger). At the heart of the case is whether, under New York law, a notation on a subdivision map that was never recorded in the chain of title to the property binds subsequent purchasers of that property. The O?Mara?s, as a result of a tax foreclosure, purchased vacant land for which they received a building permit for a house and temporary certificate of occupancy before the Town declared that the land was supposed to be retained as vacant open space and issued a stop work order...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on April 16, 2007 (boomark / email).