This post was authored by Matthew Loeser, Esq.
Defendant and Counterclaim Plaintiff Sisters was a religious not-for-profit corporation that owned and operated a convent in the Town of Greenburgh, New York. Plaintiff and Counterclaim Defendant S&R was a New York limited-liability company managed by brothers Stephen and Richard Troy, which purchased, and attempted to develop, a parcel of land directly adjacent to the Sisters’ convent into 41 affordable housing units. On March 2, 2013, the Sisters sent a letter to S&R reserving its rights under the restrictive covenant. Following receipt of this letter, S&R commenced a suit against the Sisters in Westchester County Supreme Court seeking to extinguish the enforcement of the covenant. In their counterclaim, the Sisters alleged that in the event that S&R’s FHA claims succeeded, they should be entitled to compensation for any damages suffered as a result of the “extinguishment” of their restrictive covenant.
At the outset, the court noted that the FHA did not contain any language suggesting that owners whose property lost value as a result of the statute were entitled to compensation. Instead, the court found that if enforcing a restrictive covenant violated the results-oriented directive of the FHA, compensating a party for its inability to enforce that restrictive covenant would improper. As such, regardless of whether a violation on the Sisters’ part had been established, the court found that the Sisters would not be entitled to seek compensation under RPAPL § 1951(2). Since there was no way for the Sisters to reformulate the ACC in a way that would not be preempted, any attempt at re-pleading would be futile.
S & R Development Estates, LLC v Town of Greenburgh, 2018 WL 411918 (SDNY 8/29/2018)
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