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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)

Citation
HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)
Parent Document
HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)
Jurisdiction
Kentucky (state)
Effective Date
2009-05-29

Other Sections in This Document (101)

Full Text

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Com. ex rel. Cowan v. Telcom Directories, Inc., 806 S.W.2d 638, 640 (Ky.1991). While necessity demands that federal law take precedent over state laws in the instances described, intrusions into the traditional powers of the states are not favored and, therefore, there is a presumption against preemption of state statutes and regulations. Niehoff v. Surgidev Corporation, 950 S.W.2d 816, 821 (Ky.1997). The essential inquiry when deciding whether a statute is preempted by a federal statute or regulation is whether the state and federal law can coexist and be applied without conflict.