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INNOVATIVE HEALTH SYSTEMS v. CITY OF WHITE PLAINS

No. 1032, Docket 96-7797.

117 F.3d 37 (1997)

INNOVATIVE HEALTH SYSTEMS, INC., Martin A., Maria B., Sophie C., and John Does, Nos. 1-3, Plaintiffs-Appellees, v. CITY OF WHITE PLAINS, The Zoning Board of Appeals of White Plains, Terrence Guerrier, Chair of the Zoning Board of Appeals of White Plains, White Plains Planning Board, and Mary Cavallero, Chair of the White Plains Planning Board, Defendants-Appellants, S.J. Schulmann, Mayor of the City of White Plains, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 26, 1997.

Attorney(s) appearing for the Case

Sally Friedman, Ellen M. Weber, Susan L. Jacobs, Paul N. Samuels, Legal Action Center of the City of New York, Inc., New York City, for Defendants-Appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Stephen M. Marcellino, Richard S. Oelsner, Richard L. Elbert, and Guy J. LeVasseur, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, of counsel) for Plaintiffs-Appellees.

Mary Jo White, United States Attorney for the Southern District of New York, New York City (Maya Wiley and James L. Cott, Assistant United States Attorneys for the Southern District of New York, New York City, of counsel), for Amicus Curiae United States of America.

McCullough, Goldberger & Staudt, White Plains, NY, for Amicus Curiae Cameo House Owners, Inc.

Before: WALKER, PARKER, and HEANEY, Circuit Judges.

HEANEY, Senior Circuit Judge:

In December 1992, plaintiff-appellee Innovative Health Systems, Inc. ("IHS"), an outpatient drug- and alcohol-rehabilitation treatment center, began efforts to relocate to a building in downtown White Plains. After over a year of seeking permission from the city, IHS was ultimately denied the necessary building permit by the White Plains Zoning Board of Appeals ("ZBA"). On November 14, 1995, plaintiffs-appellees, IHS and five individual...

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