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SUNRISE DETOX V, LLC v. CITY OF WHITE PLAINS

Docket No. 13-2911.

769 F.3d 118 (2014)

SUNRISE DETOX V, LLC, Plaintiff-Appellant, v. CITY OF WHITE PLAINS, City of While Plains Common Council, City of White Plains Department of Building, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 2, 2014.

Attorney(s) appearing for the Case

James K. Green , West Palm Beach, FL ( Robert L. Schonfeld , Moritt Hock & Hamroff LLP, Garden City, NY, on the brief), for Plaintiff-Appellant.

Lalit K. Loomba ( Peter A. Meisels , John M. Flannery , on the brief), Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, NY, for Defendants-Appellees.

Before: JACOBS, SACK, and LYNCH, Circuit Judges.

SACK, Circuit Judge:

Sunrise Detox V, LLC, applied for a special permit under the zoning ordinance of White Plains, New York, to establish a facility for individuals recovering from drug or alcohol addiction. In order to satisfy the zoning regulations in force at its identified site, Sunrise sought to have its proposed facility designated a "community residence." The commissioner of the city's Department of Building determined that the facility did not qualify as...

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