G.H., Plaintiff-Respondent,
v.
TOWNSHIP OF GALLOWAY, Defendant-Appellant.
Township of Cherry Hill, Plaintiff-Appellant,
v.
James Barclay and Jeffrey Finguerra, Defendants-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 5, 2008.
Decided July 15, 2008.
Attorney(s) appearing for the Case
Demetrios K. Stratis, argued the cause for appellant in A-3235-06T1 (Law Offices of Demetrios K. Stratis, LLC and Stuart J. Roth (American Center for Law and Justice) of the Washington, DC bar, admitted pro hac vice, attorneys; Mr. Stratis and Mr. Roth, of counsel and on the brief).
Frank L. Corrado, Wildwood, argued the cause for respondent in A-3235-06T1 (Barry, Corrado, Grassi & Gibson, P.C. and American Civil Liberties Union of New Jersey Foundation, attorneys; Mr. Corrado and Edward Barocas, on the brief).
Lynette Siragusa, argued the cause for amicus curiae Legal Services of New Jersey in A-3235-06T1 (Legal Services of New Jersey, attorneys; Ms. Siragusa, Ingrid D. Johnson and Melville D. Miller, Jr., of counsel and on the brief).
Ronald K. Chen, Public Advocate, for amicus curiae Department of the Public Advocate in A-3235-06T1 (Joan D. Van Pelt, Deputy Public Advocate, on the brief).
Loughlin & Latimer, for amicus curiae The New Jersey Chapter of the Association for the Treatment of Sexual Abusers in A-3235-06T1 (Stephen M. Latimer, on the brief).
Law Offices of Richard D. Pompelio, for amicus curiae New Jersey Crime Victims' Law Center in A-3235-06T1 (Richard D. Pompelio, of counsel and on the brief; Laura Nazzaro and Nicholas Pompelio, on the brief).
Yvonne Smith Segars, Public Defender, attorney for amicus curiae New Jersey Office of the Public Defender in A-3235-06T1 (Michael Z. Buncher, Deputy Public Defender, of counsel and on the brief).
Walter F. Kawalec, III, Cherry Hill, argued the cause for appellant in A-4036-06T1 (Marshall, Dennehey, Warner, Coleman & Goggin and Lisa M. Kmiec, New York City, attorneys; Mr. Kawalec, on the brief).
Scott T. Schweiger, argued the cause for respondents in A-4036-06T1.
Before Judges CUFF, LISA and SIMONELLI.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
LISA, J.A.D.
In these appeals,1 we consider challenges to municipal ordinances prohibiting convicted sex offenders from living within a designated distance of schools, parks, playgrounds and daycare centers. The trial courts in both cases invalidated the ordinances, finding them preempted by state law and violative of the due process, ex post facto and double jeopardy clauses of the New...
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