100 N.Y.2d 395 (2003)

When the state legislature enacts a comprehensive and detailed statutory scheme, it may preempt the field of law, preventing local governments from enacting inconsistent regulations, even when local governments would otherwise have the power to do so.

Summary

This case concerns whether New York State law preempts the field of area variance review, preventing villages from applying their own, potentially conflicting, standards. Petitioners applied for area variances that were denied by their respective Village Boards of Appeal under local zoning laws. The New York Court of Appeals held that Village Law § 7-712-b (3) evinced the legislature’s intent to preempt the field of area variance review, establishing a statewide standard and superseding conflicting local laws. This decision ensures statewide consistency in the variance application process, despite the unique zoning requirements of each locality.

Facts

Jack Cohen sought an area variance from the Village of Saddle Rock to build a home on his oceanfront lot. Frank and Jamie Russo sought a height variance from the Village of North Hills to install a gate on their property. Both applications were denied by the respective Village Boards of Appeal under local zoning laws, which required demonstrating