O'Mara v. Town of Wappingers

SUMMARY ORDER

Plaintiff-Counter-Defendant-Appellant Donald O’Mara appeals from the opinion and order of the U.S. District Court for the Southern District of New York (McMahon, J.) requiring him to remove a home built on a parcel of land subject to an “open space” restriction. O’Mara v. Town of Wappingers, No. 03 Civ. 9814, 2009 WL 73116, 2009 U.S Dist. LEXIS 3775 (S.D.N.Y. Jan. 6, 2009). We assume the parties’ familiarity with the facts, procedural history, and scope of the issues presented on appeal.

The “open space” restriction on the parcels in question was memorialized in a Plat filed with…