In Matter of Lacona v. New York State Dept. of Agric. & Mkts. , the Village of Lacona filed a special proceeding -- pursuant to CPLR Article 78 -- challenging the New York State Department of Agriculture & Market's (DAM) invalidation of a local law.
In order to protect its water supply, the Village passed Local Law No. 3, which prohibited the use of "liquefied manure." When DAM found that regulation "unreasonably restrictive" and violative of a state statute, the Lacona reg was repealed and a new version passed. Yet, despite DAM 's assistance, the new version didn't deviate from the prior one's restrictiveness.
So, when Timothy Alford asked DAM to review the new law because it placed an "undue financial burden" on his farmstead, the DAM Commissioner stopped Lacona from enforcing the rule against "any farms located within a state-certified district."
After the Albany County Supreme Court invalidated the local law, an appeal to the Appellate Division, Third Department, followed.
Since the State of New York has "exclusive jurisdiction" over the regulation of pesticides, its "comprehensive regulatory scheme" superseded Lacona 's local regulation. The AD3 also determined Lacona didn't establish the ban alleviated any threats to its water supply. (The Department of Health determined the amount of liquid manure used didn't pose a significant heath threat particularly if farmers complied with "general permit regulations.")
As a result, the DAM determination was upheld.
To download a copy of the Appellate Division's decision, please use this link: Matter of Lacona v. New York State Dept. of Agric. & Mkts.