Legal Opinion
O'Mara v. Town of Wappinger
Court of Appeals for the Second Circuit
Decided April 16, 2007No. Docket 06-0078-cv(L), 06-1323-cv(CON)PublishedCited by 1 opinion
1Opinion of the Court
KATZMANN, Circuit Judge.
The Town of Wappinger (“Town”) appeals from a judgment resolving the enforceability of an open space restriction imposed by the Town of Wappinger Planning Board (“Planning Board”). This case calls on us in principal part to resolve a question of New York property law: 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? For the reasons that follow we believe this question should be answered by the New York courts and, thus, we certify it to the New York Court…
2Cases cited12 opinions
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- Paul Natale Wendy Natale Jarrod Natale v. Town of Ridgefield Ridgefield Planning and Zoning CommissionCourt of Appeals for the Second Circuit · 1999
- Lou Dibella and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees v. Bernard Hopkins, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
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3Cited by1 opinion
- O'mara Iii v. Town Of WappingerCourt of Appeals for the Second Circuit · 2007