New York Court Grants Summary Judgment In Action To Void A Restrictive Covenant

The Supreme Court of New York, Suffolk County, recently granted a property owner's motion for summary judgment and held that a purported restrictive covenant on the property was void.  See U & Me Homes, LLC v. Cty. of Suffolk, 148 N.Y.S.3d 682 (N.Y. Sup. Ct. July 16, 2021). In the case, the plaintiff purchased an undeveloped parcel of land that was split-zoned by the defendant Town of Southampton (the "Town"), with a portion permitting 2-acre residential development and a larger portion permitting 5-acre residential development. The deed and title search report, however, did not contain any reference to any development restrictions. The plaintiff immediately proceeded to obtain a Health Department permit and an engineering permit from the defendant County of Suffolk (the "County") to build a one-family home on the property. Shortly thereafter, a neighbor complained to the Town that there was a developmental restriction on the property, which the Town sought to