An applicant struggling to open an alcohol and drug recovery center in White Plains must get a final decision from a city zoning board before suing in federal court, despite allegations of intentional discrimination, the U.S. Court of Appeals for the Second Circuit said Thursday.
The Second Circuit said the Sunrise Detox Center’s claim under the Americans with Disabilities Act was not ripe for decision, even though it alleged an appeal to the city’s Zoning Board of Appeals would be fruitless because a local official had already reversed course and denied its application out of hostility to the center.
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