BELMAR v. BUCKLEY


187 N.J. Super. 107 (1982)

453 A.2d 910

BOROUGH OF BELMAR, PLAINTIFF-APPELLANT, v. ELIZABETH BUCKLEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1982.


Attorney(s) appearing for the Case

Joseph Hillman, Jr., argued the cause for appellant (Hillman, Carey, Badach & Sullivan, attorneys).

Lawrence M. Lawson argued the cause for respondent.

Before Judges MICHELS, PRESSLER and TRAUTWEIN.


PER CURIAM.

Defendant Elizabeth Buckley was convicted by the Belmar Municipal Court of a violation of that provision of the borough ordinance prohibiting indecent exposure. On her appeal to the Superior Court, Law Division, the conviction was reversed without consideration of the merits, on the ground that the subject matter of the ordinance was preempted by statute. The borough appeals. We reverse.

The municipal prosecution was based on the fact that defendant...

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