Does county wide appellate binding precedent overrule local ordinances?

State, Local And Municipal Law 4 views 1 answers
A lot of times the written decision of a higher court regarding a town without an ordinance contradicts a town that has said ordinance on the books. So in court would you prevail if you cite appellate case law contradicting statutory law? For example: town A has ambiguous law so high court creates case law town B does have a narrow law on books So if I go to court fighting town b law using binding written decision from a case that originated from town a would I prevail.

Attorney Answer

1
Eric Rothstein ·
This is not an easy question to answer in the abstract. Generally, state law trumps local law so a Town prior written notice law regarding personal injury claims that is broader than what is in the General Municipal Law doesn't count.
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