fundamental limitation on home rule (New York) · Go Syfert
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fundamental limitation on home rule in New York

14 New York opinions name it 4 courts 1989–2024 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Albany Area Builders Ass'n v. Town of Guilderlandgreen
ny · 1989 · cited in 8 New York opinions naming this issue, 1998–2023
2 sentences

2023Assn. v Town of Guilderland , 74 NY2d 372, 377 [1989]).

1998Assn. v Town of Guilderland ( 74 NY2d 372, 377 [1989]): “The preemption doctrine represents a fundamental limitation on home rule powers (see, Dougal v County of Suffolk, 65 NY2d 668 , affg on opn at 102 AD2d 531, 532 ; 5 McQuillin, Municipal Corporations § 15.20, at 101-104 [3d ed 1989]).

78
Wambat Realty Corp. v. Stategreen
ny · 1977 · cited in 5 New York opinions naming this issue, 1989–2024
2 sentences

2024However, "[t]he preemption doctrine represents a fundamental limitation on home rule powers and embodies the untrammeled primacy of the [l]egislature to act . . . with respect to matters of State concern" ( Garcia v New York City Dept. of Health & Mental Hygiene , 31 NY3d 601, 617 [internal quotation marks omitted]; see Wambat Realty Corp. v State of New York , 41 NY2d 490, 497 ).

2018Assn. v Town of Guilderland , 74 NY2d 372, 377 [1989], quoting Wambat Realty Corp. v State of New York , 41 NY2d 490, 497 [1977]).

25
Cohen v. Board of Appealsgreen
ny · 2003 · cited in 3 New York opinions naming this issue, 2007–2013
2 sentences

2013Assn. v Town of Guilderland, 74 NY2d 372, 377 [1989]; accord Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d 395, 400 [2003]).

2007However, the preemption doctrine represents a fundamental limitation on home rule power where the State has an overriding interest (M atter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d 395 [2003]).

23
Garcia v. New York City Dept. of Health & Mental Hygienegreen
ny · 2018 · cited in 1 New York opinions naming this issue, 2024–2024
2 sentences

2024"A local law will be preempted either where there is a direct conflict with a state statute (conflict preemption) or where the legislature has indicated its intent to occupy the particular field (field preemption)" ( Garcia v New York City Dept. of Health & Mental Hygiene , 31 NY3d at 617 [internal quotation marks omitted]; see Eric M.

2024However, "[t]he preemption doctrine represents a fundamental limitation on home rule powers and embodies the untrammeled primacy of the [l]egislature to act . . . with respect to matters of State concern" ( Garcia v New York City Dept. of Health & Mental Hygiene , 31 NY3d 601, 617 [internal quotation marks omitted]; see Wambat Realty Corp. v State of New York , 41 NY2d 490, 497 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Consolidated Edison Co. of New York, Inc. v. Town of Red Hook green
ny · 1983
2 sentences

1998While localities have been invested with substantial powers both by affirmative grant and by restriction on State powers in matters of local concern, the overriding limitation of the preemption doctrine embodies ‘the untrammeled primacy of the Legislature to act * * * with respect to matters of State concern.’ (Wambat Realty Corp. v State of New York, 41 NY2d 490, 497 .) Preemption applies both in cases of express conflict between local and State law and in cases where the State has evidenced its intent to occupy the field (see, e.g., Matter of Lansdown Entertainment Corp. v New York City Dept

1996While localities have been invested with substantial powers both by affirmative grant and by restriction on State powers in matters of local concern, the overriding limitation of the preemption doctrine embodies 'the untrammeled primacy of the Legislature to act * * * with respect to matters of State concern.’ (Wambat Realty Corp. v State of New York, 41 NY2d 490, 497 .) Preemption applies both in cases of express conflict between local and State law and in cases where the State has evidenced its intent to occupy the field (see, e.g., Matter of Lansdown Entertainment Corp. v New York City Dept

31989–1998
Lansdown Entertainment Corp. v. New York City Department of Consumer Affairs green
ny · 1989
2 sentences

1998While localities have been invested with substantial powers both by affirmative grant and by restriction on State powers in matters of local concern, the overriding limitation of the preemption doctrine embodies ‘the untrammeled primacy of the Legislature to act * * * with respect to matters of State concern.’ (Wambat Realty Corp. v State of New York, 41 NY2d 490, 497 .) Preemption applies both in cases of express conflict between local and State law and in cases where the State has evidenced its intent to occupy the field (see, e.g., Matter of Lansdown Entertainment Corp. v New York City Dept

1996While localities have been invested with substantial powers both by affirmative grant and by restriction on State powers in matters of local concern, the overriding limitation of the preemption doctrine embodies 'the untrammeled primacy of the Legislature to act * * * with respect to matters of State concern.’ (Wambat Realty Corp. v State of New York, 41 NY2d 490, 497 .) Preemption applies both in cases of express conflict between local and State law and in cases where the State has evidenced its intent to occupy the field (see, e.g., Matter of Lansdown Entertainment Corp. v New York City Dept

31989–1998
Dougal v. County of Suffolk green
nyappdiv · 1984
2 sentences

1998Assn. v Town of Guilderland ( 74 NY2d 372, 377 [1989]): “The preemption doctrine represents a fundamental limitation on home rule powers (see, Dougal v County of Suffolk, 65 NY2d 668 , affg on opn at 102 AD2d 531, 532 ; 5 McQuillin, Municipal Corporations § 15.20, at 101-104 [3d ed 1989]).

1996"The preemption doctrine represents a fundamental limitation on home rule powers (see, Dougal v County of Suffolk, 65 NY2d 668 , affg on opn at 102 AD2d 531, 532 ; 5 McQuillin, Municipal Corporations § 15.20, at 101-104 [3d ed 1989]).

31989–1998
Norse Energy Corp. USA v. Town of Dryden green
nyappdiv · 2013
1 sentence

2023"The doctrine of preemption, however, 'represents a fundamental limitation on home rule powers' " and "[t]he Legislature may expressly state its intent to preempt, or it may do so by implication" ( Matter of Norse Energy Corp. USA v Town of Dryden , 108 AD3d 25 , 31 [3d Dept 2013], affd 23 NY3d 728 [2014], quoting Albany Area Bldrs.

12023–2023
Wallach v. Town of Dryden green
ny · 2014
1 sentence

2023"The doctrine of preemption, however, 'represents a fundamental limitation on home rule powers' " and "[t]he Legislature may expressly state its intent to preempt, or it may do so by implication" ( Matter of Norse Energy Corp. USA v Town of Dryden , 108 AD3d 25 , 31 [3d Dept 2013], affd 23 NY3d 728 [2014], quoting Albany Area Bldrs.

12023–2023
Zuckerman v. City of New York green
ny · 1980
1 sentence

2015(See Zuckerman v City of New York, 49 NY2d 557 [1980].) Regarding Superintendent Ballard’s preemption claims, the Court of Appeals has held that “[t]he preemption doctrine represents a fundamental limitation on home rule powers.

12015–2015
People v. Cook green
ny · 1974
1 sentence

1993Although the City of New York has broad power to preserve and promote the health, safety, and general welfare of its inhabitants pursuant to the home rule provisions of the State Constitution (NY Const, art IX, § 2 [c] [ii] [10]), the Municipal Home Rule Law (art 2, § 10 [1] [ii] [a] [12]), and the New York City Charter § 28 (see, People v Cook, 34 NY2d 100 ), the preemption doctrine represents a fundamental limitation on home rule powers.

11993–1993

Statutes the citing opinions construe

NY § N.Y. Municipal Home Rule Law § 10 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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