City of White Plains v. Ferraioli

Chief Judge Breitel.

In an action by the City of "White Plains to enforce its zoning ordinance and enjoin use of a single-family house as a “ group home ” for 10 foster children, defendants, Abbott House, Inc. and the owners of the house, appeal. Abbott House, a private agency licensed by the State to care for neglected and abandoned children, leases the house in an “ B-2 ” single-family zone. The city contends that the group home is not a single-family use, but either a philanthropic institution, allowed only by special permit, or a boarding house, wholly excluded from an “ B-2 ” zone. The…