Incorporated Village of Nyack v. Daytop Village, Inc.

583 N.E.2d 928, 78 N.Y.2d 500, 577 N.Y.S.2d 215, 1991 N.Y. LEXIS 4928
CourtNew York Court of Appeals
DecidedNovember 25, 1991
StatusPublished
Cited by63 cases

This text of 583 N.E.2d 928 (Incorporated Village of Nyack v. Daytop Village, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Incorporated Village of Nyack v. Daytop Village, Inc., 583 N.E.2d 928, 78 N.Y.2d 500, 577 N.Y.S.2d 215, 1991 N.Y. LEXIS 4928 (N.Y. 1991).

Opinion

OPINION OF THE COURT

Chief Judge Wachtler.

In this case, we consider whether the operator of a residential substance abuse facility that has been duly licensed by the State must nonetheless comply with applicable local zoning laws. Because we conclude that State oversight of the location and operation of substance abuse facilities pursuant to the Mental Hygiene Law does not preempt the operation of local zoning laws, the order of the Appellate Division should be reversed.

Daytop Village, Inc. and Daytop Village Foundation, Inc. (collectively Daytop), are not-for-profit corporations organized under the laws of New York. On February 2, 1990, Daytop submitted an application to the New York State Division of Substance Abuse Services (DSAS) for a certificate of approval to operate a residential substance abuse treatment program at 21 Mountainview Avenue in the Incorporated Village of Nyack, Rockland County. Daytop Village Foundation, Inc. is the owner of the premises, and Daytop Village, Inc. was prepared to operate the treatment facility.

[504]*504The proposed site, which had previously housed a hotel, was located within the Village’s C-2 commercial zone. The Nyack Zoning Code explicitly prohibited residential uses within the C-2 zone. Despite this apparent conflict, Daytop did not seek either a variance or a certificate of occupancy from the Village.

Upon receipt of Daytop’s application, DSAS conducted an evaluation of the proposed treatment facility. This evaluation included consideration of the adequacy of the physical plant, the location of the facility, and the different procedures and services that Daytop planned to put into place there. On June 28, 1990, Daytop’s application was partially approved, with final approval contingent upon the resolution of certain outstanding matters. DSAS and Daytop settled these matters in a memorandum of understanding dated July 26, 1990. DSAS issued Daytop the final certificate of approval four days later, on July 30, 1990.

Meanwhile, the Village of Nyack, by order to show cause dated July 20, 1990, sought a temporary injunction staying Daytop from operating the facility pending application for and receipt of a variance and a certificate of occupancy from the Village of Nyack. Daytop cross-moved for an order dismissing the complaint and vacating the temporary restraining order contained in the order to show cause. A hearing on the motion was held in Supreme Court, Rockland County, on July 27, 1990. The court granted Nyack’s motion for a preliminary injunction, denied Daytop’s cross motion for a dismissal of the complaint, and gave Daytop until September 27, 1990 to apply to Nyack for a variance and a certificate of occupancy.

Daytop appealed, and the Appellate Division reversed, with one Justice dissenting. The Appellate Division concluded that article 19 of the Mental Hygiene Law implemented a comprehensive State-wide policy for the treatment of substance abuse. The majority held that operation of the local zoning laws in this instance tended to thwart the implementation of articulated policy concerns by placing additional restrictions on rights granted by State law. Thus, citing the doctrines of inconsistency and preemption, the Appellate Division held that Daytop would not be required to comply with Nyack’s zoning laws in order to operate the treatment facility. Because we agree with the dissenting Justice that there is no inherent inconsistency and that the local zoning laws and the applicable State law can be harmonized, we now reverse.

[505]*505Section 7-700 of the Village Law and section 10 (6) of the Statute of Local Governments explicitly authorize villages to enact zoning laws. Additionally, section 10 (1) (ii) (a) (11) of the Municipal Home Rule Law gives counties, cities, towns and villages the power to enact local laws for the "protection and enhancement of [their] physical and visual environment,” while section 10 (1) (ii) (a) (12) grants these localities the power to pass laws for "[t]he government, protection, order, conduct, safety, health and well-being of persons or property therein.” Yet while local governments do possess broad authority to enact legislation that promotes the welfare of their citizens, it is well established that they cannot adopt laws that are inconsistent with the Constitution or with any general law of the State (see, NY Const, art IX, § 2 [c]; Municipal Home Rule Law § 10 [1] [i], [ii]; see also, Matter of Ardizzone v Elliott, 75 NY2d 150, 155; Albany Area Bldrs. Assn. v Town of Guilderland, 74 NY2d 372, 377). The question now before us is whether the Zoning Code of the Village of Nyack is inconsistent with, and consequently, must give way to, article 19 of the Mental Hygiene Law.

Where the State has demonstrated its intent to preempt an entire field and preclude any further local regulation, local law regulating the same subject matter is considered inconsistent and will not be given effect (see, e.g., Jancyn Mfg. Corp. v County of Suffolk, 71 NY2d 91, 97; People v Cook, 34 NY2d 100, 109). This finding of preemption is justified by the belief thát "[s]ueh laws, were they permitted to operate in a field preempted by State law, would tend to inhibit the operation of the State’s general law and thereby thwart the operation of the State’s overriding policy concerns” (Jancyn Mfg. Corp. v County of Suffolk, supra, at 97; see also, New York State Club Assn. v City of New York, 69 NY2d 211, 217). The Legislature’s intent to so preempt a particular area can be inferred from a declaration of policy or from a comprehensive or detailed scheme in a given area (New York State Club Assn. v City of New York, supra; see also, Consolidated Edison Co. v Town of Red Hook, 60 NY2d 99, 105). "[T]hat the State and local laws touch upon the same area is insufficient to support a determination that the State has preempted the entire field of regulation in a given area,” however (Jancyn Mfg. Corp. v County of Suffolk, supra, at 99).

Daytop argues, and the Appellate Division agreed, that the comprehensiveness of the State’s efforts to deal with substance [506]*506abuse is evidence of the Legislature’s intent to preempt local oversight of the location of residential treatment facilities. Daytop contends that the Village, if permitted to enforce its zoning laws, will impose additional burdens that will stifle the operation of New York State’s general laws. This, according to Daytop, compels a finding that Nyack’s zoning laws are preempted by the Mental Hygiene Law.

Article 19 indeed represents a sweeping effort to address the myriad problems that have flowed from the scourge of substance abuse in this State. In section 19.01 (b), the Legislature explicitly stated that "it is the policy of the state to conduct coordinated research and to develop programs to further the prevention and early detection of * * * substance abuse and substance dependence and to develop a comprehensive system of services to serve the full range of needs of * * * substance abusers and substance dependent persons.” To that end, DSAS is charged with the responsibility for establishing procedures and setting standards for the approval of substance abuse programs (Mental Hygiene Law § 23.01). DSAS is also empowered to "cooperate with and assist local agencies and community service boards in the development and periodic review of local comprehensive plans and programs for substance abuse services and approve such plans and programs” (Mental Hygiene Law § 19.07 [b] [4]).

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583 N.E.2d 928, 78 N.Y.2d 500, 577 N.Y.S.2d 215, 1991 N.Y. LEXIS 4928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/incorporated-village-of-nyack-v-daytop-village-inc-ny-1991.