Friday, January 04, 2008

state pre-emption of local law-making

Nutter v. Dougherty, et al. - Pennsylvania Supreme Court - December 28, 2007

http://www.aopc.org/OpPosting/Supreme/out/J-89-2007mo.pdf

State law pre-empts local lawmaking where

- a state statute specifically declares that it has "planted the flag of pre-emption in a field" (express pre-emption)
- a state statute "proclaimes a course of regulation and control which brooks no municipal intervention" (field pre-emption)
- local law contradicts or contravenes state law (conflict pre-emption)

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