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Bonnie Briar Syndicate,
Inc. v. Town of Mamaroneck (N.Y.
Ct. App. 1999)
CRC has filed a brief in this case in the New
York Court of Appeals on behalf of the American Planning Association.
The case involves a 1994 zoning ordinance enacted by the Town
of Mamaroneck, NY, designating about 430 acres of property
as a zone designed to protect open space, reduce flood risks,
enhance recreational opportunities, and preserve wildlife
habitat. Bonnie Briar Syndicate, the owner of about 150 acres
of the property, challenged the zoning ordinance even though
they may continue to use the property to operate a profitable
golf course, the historic use of the property for more than
70 years. The lower courts unanimously upheld the zoning.
The Syndicate argued that the Court of Appeals should overturn
the zoning so that they may pursue dense residential development
of the property.
The Court of Appeals affirmed the lower court's decision
to uphold the zoning. In its decision, the Court of Appeals
repudiated two earlier cases which suggested that "heightened"
or "strict" scrutiny should apply to any land use
decision. Instead, the court held that local land use decisions
should not be invalidated unless they are wholly without a
rational basis.
CRC
Press Release August 31, 1999
CRC
Press Release November 24, 1999
Bonnie
Briar Opinion
Articles
on Bonnie Briar
Bonnie
Briar v. Mamaroneck (N.Y. Court of Appeals)
Client: APA
Issues: Due Process vs. Takings (Agins Means-End Inquiry);
Nollan/Dolan tests and zoning ordinances)
CRC’s
Amicus Brief (PDF format)
Opinion at Bonnie Briar Syndicate,
Inc. v. Town of Mamaroneck, 721 N.E.2d 971 (N.Y. 1999).
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