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County staff point to Rockland County decision in arguing 51% requirement is unenforceable
Summary
Speakers at the committee meeting cited a Rockland County ruling and said multiple county attorneys consider the 51% ownership provision likely unenforceable; staff urged removing the clause to avoid legal risk.
Committee discussion referenced a Rockland County case that staff said found a similar ownership requirement unconstitutional. The director told the panel that "three of them agree that this current 51% section is unenforceable as a matter of law based on the Rockland case," summarizing long-standing counsel views across administrations.
Speakers cautioned that while the Rockland case was cited, the transcript did not provide the case citation or full legal opinion. The committee and staff framed the local-law proposal partly as a way to reduce exposure to Article 78 challenges and to align county code with enforceable standards.
