City of White Plains v. Ferraioli
New York Court of Appeals
34 N.Y.2d 300, 357 N.Y.S.2d 440, 313 N.E.2d 756 (1974)
- Written by Tanya Munson, JD
Facts
Abbott House, Inc. (Abbott) (defendant) was a nonprofit membership corporation that provided care for neglected and abandoned children. Abbott operated group homes that simulated a family atmosphere where an adult couple would provide care for seven to 12 children. The Seards were an adult couple who provided care for their two children and 10 foster children, seven of who were siblings. Abbott paid the Seards a salary and for all household expenses. The Seards lived with the children in a house owned by the Ferraiolis (defendants) that was leased by Abbott. The house was located in a zoning district in the city of White Plains (the city) (plaintiff) where the principal permitted uses were single-family dwellings. The zoning ordinance defined a family as one or more persons limited to relatives of the owner or tenant. Welfare uses, including philanthropic institutions, were special uses permitted in the district at the discretion of the zoning board of appeals. The Seards’ home was structured as a single housekeeping unit and appeared to be a normal family unit. Abbott did not seek permission from the zoning board of appeals for the operation of the Seards’ group home. The city filed an action against Abbott and the Ferraiolis to enforce the city’s zoning ordinance and enjoin the use of the house as a group home. The trial court granted summary judgment for the city, and Abbott and the Ferraiolis appealed. The court of appeals granted summary judgment for the city, and Abbott and the Ferraiolis appealed once more.
Rule of Law
Issue
Holding and Reasoning (Breitel, C.J.)
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