The tension between the powers of the New York State government and those of local municipalities, which to a large extent mirrors the longstanding—and continuing—debate over federalism, federal authority, and state rights, is particularly noticeable in the area of zoning and land use planning. New York law makes an effort to clearly set the boundaries. On the one hand, the state constitution has a home rule provision1 that “confers broad police powers upon local governments relating to the welfare of its citizens.”2 On the other hand, local governments cannot adopt laws that are inconsistent with the constitution or with any general state law.3 Put differently, the power of local governments to enact laws is subject to the limitations of the preemption doctrine.4 At times, however, it may not be perfectly clear where the actual boundaries of that doctrine are located.

The difficulty of drawing those lines can be seen from an important zoning/preemption decision in a case of apparent first impression that was issued recently by the Appellate Division, Second Department. In Sunrise Check Cashing and Payroll Services Inc. v. Town of Hempstead,5 the Second Department reversed a decision by the Supreme Court, Nassau County, and ruled that a local zoning law affecting check cashing businesses is preempted by state law.

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