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BA MAR v. ROCKLAND COUNTY

164 A.D.2d 605 (1991)

Ba Mar, Inc., Respondent, v. County of Rockland, Appellant. (Action No. 1.) John G. Gress, Jr., et al., Appellants, v. Putnam County, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1991

Attorney(s) appearing for the Case

Ilan S. Schoenberger, County Attorney (Martin Hurwitz of counsel), for appellant in action no. 1.

Donald Tirschwell for respondent in action no. 1.

Robert Abrams, Attorney-General (O. Peter Sherwood, John Corwin and G. Nicholas Garin of counsel), for the State of New York, amicus curiae, in action no. 1.

Bond, Schoeneck & King (Richard L. Smith of counsel), for appellants in action no. 2.

William D. Spain, Jr., County Attorney (Bonnie Feinsiz of counsel), for respondent in action no. 2.

MANGANO, P. J., KOOPER and LAWRENCE, JJ., concur.

BROWN, J.

The primary issue presented on these appeals is whether certain local laws enacted by the Counties of Rockland and Putnam, which regulate the operation of mobile home parks, are either preempted by or inconsistent with State law. We hold that by enacting Real Property Law § 233, the State has preempted the field of mobile home park regulation. Moreover, we find that the local laws are inconsistent...

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