Group House of Port Washington, Inc., Respondent v. Board of Zoning and Appeals of the Town of North Hempstead…

Summary

The Court held that the Town of North Hempstead may not exclude a foster‑care group home from a one‑family residential zone by narrowly interpreting the term "family"; the group home described is a family for zoning purposes. The decision rests on the functional equivalence of the home to a natural family and the limitation that zoning cannot serve arbitrary exclusionary purposes. The Court declined to address the broader issue of state pre‑emption of local zoning. Chief Judge Breitel dissented, arguing the home does not meet the White Plains test and should not be treated as a family.