In superior court, which law takes precedence state or local?
State statutes take precedence over local laws in two situations:
- The state statute will prevail if the two laws actually conflict. The courts, however, will attempt to harmonize the two laws before invalidating the local law.
- The state statute will prevail if the local law is preempted by the state law. Preemption occurs if the state Legislature has indicated, either directly or indirectly, an intent to preclude (exclude or prevent) local regulation of a particular area of law.
RN id: 651