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CITY OF SOUTH MILWAUKEE v. KESTER

No. 2012AP724.

830 N.W.2d 710 (2013)

2013 WI App 50

CITY OF SOUTH MILWAUKEE, Plaintiff-Respondent, v. Todd J. KESTER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 13, 2013.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Laurence J. Dupuis of American Civil Liberties Union of Wisconsin Foundation, Inc., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Joseph G. Murphy of Murphy & Leonard, LLP, South Milwaukee.

A nonparty brief was filed by Ellen Henak of Henak Law Office, S.C. of Milwaukee, Wisconsin, for Wisconsin Association of Criminal Defense Lawyers.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

REILLY, J.

¶ 1 Todd J. Kester was convicted of sexually assaulting a child in 2000. In April 2010, Kester moved into a residence in the City of South Milwaukee that was within 1000 feet of an elementary school. The City has an ordinance that prohibits child sex offenders such as Kester from living within 1000 feet of elementary schools. Kester was told by the City that he had to move. Kester refused. The City filed...

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