BETANCOURT v. TOWN OF WEST NEW YORK


769 A.2d 1065 (2001)

338 N.J. Super. 415

Milagros BETANCOURT, on behalf of herself and her minor child, Taisha Merced; Rosa Blanco, on behalf of herself and her minor child, Jennifer Blanco, Plaintiffs-Respondents, v. TOWN OF WEST NEW YORK, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 2001.


Attorney(s) appearing for the Case

Farmer & Campen, Union City, for appellant (George B. Campen, on the brief).

Cole, Schotz, Meisel, Forman & Leonard, Hackensack, and the American Civil Liberties Union of New Jersey Foundation, for respondents, (David M. Kohane and Lenora M. Lapidus, of counsel and on the brief; Edward S. Kiel and Karl J. Ashanti, on the brief).

Before Judges STERN, A.A. RODRIGUEZ and FALL.


The opinion of the court was delivered by RODRIGUEZ, A.A., J.A.D.

We affirm the judgment of the Chancery Division holding that the Town of West New York's (WNY) juvenile curfew ordinance No. 2074 (WNY Ordinance), enacted pursuant to N.J.S.A. 40:48-2.52, is unconstitutional. We concur with Judge Martin L. Greenberg's observation that this "holding shall not be construed as invalidating the Statute or condemning all juvenile curfews."

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