Sunrise Detox V, LLC v. City of White Plains

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 a community residence and that, as a result, the city could take no further action on the application until Sunrise either applied…