O'Mara v. Town of Wappinger

The Town of Wappinger appeals from a declaratory judgment issued by the United States District Court for the Southern District of New York (McMahon, J.) determining that the open space restriction imposed by the Town of Wappinger Planning Board is unenforceable. We assume familiarity with the underlying facts and procedural history, which are set forth in O'Mara v. Town of Wappinger (O’Mara I), 485 F.3d 693 (2d Cir.2007). In O’Mara I, we certified the following question to the New York Court of Appeals: “Is an open space restriction imposed by a subdivision plat under New York Town Law § 276…