United States Second Circuit
Sunrise Detox v. City of White Plains, 13-2911
In this suit brought under the Americans with Disabilities Act (ADA), plaintiff, a provider of medically supervised care for recovering alcohol and drug abusers, sought permission to build a new facility. Permission was not granted as the facility failed to meet applicable zoning regulations. Dismissal of the complaint for subject-matter jurisdiction is affirmed, where: 1) by declining to seek a variance or appeal the zoning decision, plaintiff had failed to obtain a final decision on its application; and 2) allegations of intentional discrimination do not relieve plaintiff from the final-decision requirement.
Appellate Information
- Decided 10/02/2014
- Published 10/02/2014
Judges
- Sack
Court
- United States Second Circuit