Legal Opinion
Incorporated Village of Nyack v. Daytop Village, Inc.
New York Court of Appeals
Decided November 25, 1991PublishedCited by 61 opinions
1Opinion of the Court
OPINION OF THE COURT
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 the Appellate Division should be reversed.
Daytop Village, Inc. and Daytop Village Foundation, Inc. (collectively Daytop), are not-for-profit corporations organized…
2Cases cited7 opinions
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- People v. CookNew York Court of Appeals · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Town of Oyster Bay v. Syosset's Concern About its Neighborhood (SCAN)New York Court of Appeals · 1991
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
- Cohen v. Board of AppealsNew York Court of Appeals · 2003
- Crown Communication New York, Inc. v. Department of TransportationNew York Court of Appeals · 2005
- Eric M. Berman, P.C. v. City of New YorkDistrict Court, E.D. New York · 2012
56 more not listed; retrieve them via the Exa API.