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Zoning Bulletin November 10, 2011 j Volume 51 No. 21 <br />lottery scheme. In so holding, the court found that the state intended <br />to fully occupy the field of video lottery, to the exclusion of municipal <br />regulation. <br />The court explained that "[a] municipality may exercise any power <br />or perform any function not prohibited by [state or federal] constitution <br />or laws." While municipalities clearly have the power to enact zoning <br />ordinances, "no municipality may enact a law regulating a subject where <br />the State has wholly occupied the field of that subject, to the exclusion of <br />any local regulation." <br />Here the court found no express legislative directive controlling vid- <br />eo lottery to the exclusion of local regulation. However, the court found <br />that "the scope and power exerted by the Legislature and the character <br />of the obligations imposed by its statutes reflect[ed] legislative intent to <br />be exclusive in the field [of video lottery regulation] ." <br />Having found that the state intended to fully occupy the field of video <br />lottery, to the exclusion of municipal regulation, the court found it "im- <br />material that the City is governed by a home -rule charter or empowered <br />to enact zoning regulations. ... Once the City enacted Ordinance 60 -80, <br />regulating the placement of video lottery machines, the City exceeded its <br />authority." <br />See also: Minnesota Agr. Aircraft Ass'n v. Township of Mantrap, 498 <br />N. W.2d 40 (Minn. Ct. App. 1 993). <br />See also: Sarasota Alliance For Fair Elections, Inc. v. Browning, 28 So. <br />3d 880 (.Fla. 2010). <br />Case Note: The South Dakota Lottery had noted that although <br />control of video lottery was delegated to the Lottery, municipalities <br />maintained their zoning authority to control the location of alcohol- <br />ic beverage establishments. <br />Conditions —Board Approves Site Plan <br />Application with Condition that Size of <br />Proposed Structure be Reduced <br />Applicant argues Board exceed its authority since structure <br />met code's dimensional requirements <br />Citation: Greencove Associates, LLC v. Town Bd. of Town of North <br />Hempstead, 929 N. YS.2d 325 (App. Div. 2d Dep't 201 1) <br />NEW YORK (09/20/11)—This case addressed the issue of whether a <br />town's board of approval had the power to impose a condition that re- <br />© 2011 Thomson Reuters 5 <br />