Field Preemption:
Library | The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.) |
► FIELD PREEMPTION: "The doctrine of field preemption prohibits a municipality from exercising a police power 'when the Legislature has restricted such an exercise by preempting the area of regulation' (New York State Club Assn. v City of New York, 69 NY2d 211, 217 [1987], affd 487 US 1 [1988]; see Albany Area Bldrs. Assn., 74 NY2d at 377). Although field preemption may be 'express' as evidenced by the legislature's stated directive, it may also 'be implied from a declaration of State policy by the...
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