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VIL. OF NYACK v. DAYTOP VIL.

78 N.Y.2d 500 (1991)

Incorporated Village of Nyack, Appellant, v. Daytop Village, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 25, 1991.

Attorney(s) appearing for the Case

Linda Christopher for appellant.

Richard I. Cantor for respondents.

Dennis E. A. Lynch for Coalition for the Preservation of the Greater Nyack Area, Inc., amicus curiae.

Lydia R. Marola for the New York State Conference of Mayors and Municipal Officials, amicus curiae.

Robert Abrams, Attorney-General (O. Peter Sherwood and Harvey M. Berman of counsel), for the New York State Division of Substance Abuse Services, amicus curiae.

Terry Rice for New York Planning Federation, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

Chief Judge WACHTLER.

In this case, we consider whether the operator of a residential substance abuse facility that has been duly licensed by the State must nonetheless comply with applicable local zoning laws. Because we conclude that State oversight of the location and operation of substance abuse facilities pursuant to the Mental Hygiene Law does not preempt the operation of local zoning laws, the order of...

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