In 2007, the Second Circuit Court of Appeals certified the following question relevant to the outcome in this case to the New York Court of Appeals: “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?” That same year, the New York Court of Appeals answered the question in the affirmative stating that “An open space restriction placed on a final plat pursuant to Town Law §276, when filed in the Office of the County Clerk pursuant to Real Property Law §334, is enforceable against a subsequent purchaser.” (see, the posting on this blog at: http://lawoftheland.wordpress.com/2007/11/19/new-york-court-of-appeals-upholds-open-space-restriction-on-subdivision-plat-against-subsequent-purchasers ) As a result, the Second Circuit reversed the District Court decision which held that the open space restriction was unenforceable since it was clear from the facts that the process used for approving and filing of the 1963 Plat complied with both Town Law §276 and Real Property Law §334.
O’Mara v. Town of Wappinger, 2008 WL 583919 (C.A. 2 (N.Y.) 3/5/2008).
The opinion can also be accessed at:
