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STATE v. KRAUSE

Docket No. A-3737-06T5

945 A.2d 116 (2008)

399 N.J. Super. 579

STATE of New Jersey, Plaintiff-Appellant v. Brandon KRAUSE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 2008.

Resubmitted April 8, 2008.

Attorney(s) appearing for the Case

Thorp & Thorp, Hackettstown, for appellant (Thomas K. Thorp, on the brief).

Kenneth C. Krause, Union City, for respondent.

Before Judges COBURN, FUENTES and GRALL.

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

Defendant, Brandon Krause, was convicted and fined in the Hackettstown Municipal Court for violating the town's noise ordinance. He appealed to the Law Division, which reversed on the ground that the noise ordinance was preempted by a state statute and administrative regulations to the extent that it regulated noise emanating from a commercial entity. The Town of Hackettstown appeals1

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