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State Lawsuit Dismissed In Chappaqua Crossing Case

A State Supreme Court judge said New Castle officials did not block all viable economic development at the Chappaqua Crossing property when it refused to allow 199 condo and townhouse units there.
A State Supreme Court judge said New Castle officials did not block all viable economic development at the Chappaqua Crossing property when it refused to allow 199 condo and townhouse units there. Photo Credit: Contributed

CHAPPAQUA, N.Y. – Developers won't be able to build 199 condominiums at Chappaqua Crossing after a decision last week by the State Supreme Court.

A State Supreme Court judge refused to overturn the New Castle Town Board's denial of the developer's plans. The suit by Summit Development and Greenfield Partners alleged that by blocking a re-zoning, the town deprived them "of all economically viable use of the Property” and “has unreasonably interfered with [their] reasonable investment-backed expectations.”

The developers bought the property in 2004 and had plans to build 199 condos and townhouses, but the town approved only 111 units.

In a ruling dated Sept. 26, Westchester County Supreme Court Judge George Loehr said the town did not deprive all economic use of the property and is not guilty of a “per se taking.”

“While Defendant’s conduct in refusing to approve what Plaintiff had requested presumably reduced its value, it did not destroy its value as a whole,” Loehr said.

A federal lawsuit against the town is still pending, however. In July, federal claims were dismissed against Town Supervisor Barbara Gerrard, Council Member Robin Stout and former Council Member Michael Wolfensohn, who were individually named as defendants in the suit against the Town Board. The claims were deemed to be redundant by U.S. District Judge Kenneth Karas.

Representatives for Chappaqua Crossing issued a statement Monday saying they are reviewing their options.

"We have reviewed the ruling and respectfully disagree with the judge’s decision," the statement said.

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