Plaintiff accuses Town/Village of Harrison and Officials of Selective Zoning Law Enforcement

Marshall Courthouse
Marshall Courthouse
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In a legal battle that underscores the complexities of zoning law enforcement and potential municipal bias, 3086 Purchase LLC has filed a complaint against the Town/Village of Harrison, its officials, and Old Oaks Country Club. The complaint was lodged in the United States District Court for the Southern District of New York on November 26, 2025. The plaintiff accuses the defendants of engaging in selective and retaliatory enforcement of zoning laws, violating their rights under both federal and state constitutions.

The plaintiff, represented by Latham & Watkins LLP, alleges that they have been subjected to unfair treatment compared to their neighbor, Old Oaks Country Club. According to the complaint, while Old Oaks conducted unauthorized renovations without facing significant repercussions from the town’s authorities, 3086 Purchase LLC was aggressively pursued for minor or non-existent violations. The complaint details instances where Old Oaks undertook large-scale construction projects without proper permits or approvals, yet faced no court summonses or enforcement actions from the town. In contrast, 3086 Purchase LLC received immediate summonses for relatively trivial matters such as a basketball hoop mischaracterized as a “sports court” and alleged discrepancies in playhouse dimensions.

The plaintiff argues that this pattern of selective enforcement is rooted in retaliation for their objections to Old Oaks’ unauthorized activities before local planning boards. They claim that after filing an Article 78 petition—a legal action seeking judicial review of administrative decisions—against town officials and Old Oaks on November 17, 2024, they were promptly served with additional summonses based on dubious violations observed from afar by code enforcement officers stationed on Old Oaks’ property.

In their lawsuit, 3086 Purchase LLC seeks declaratory and injunctive relief along with damages for what they describe as violations of their equal protection rights under the Fourteenth Amendment and First Amendment rights due to retaliatory actions taken against them for exercising free speech. They argue that the town’s actions have caused reputational harm, incurred substantial legal costs, and resulted in ongoing harassment by town officials. Furthermore, they allege collusion between town officials and Old Oaks’ representatives to maintain this unequal treatment.

The attorneys representing the plaintiff are from Latham & Watkins LLP. The case is being presided over by Judge Pasquale Gizzo in Harrison Town Court under Case No. 25-9917.

Source: 25cv09917_3086_Purchase_v_The_Town_Village_Complaint_Southern_District_of_New_York.pdf



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