Kenneth Vercammen & Associates, P.C.
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Wednesday, May 21, 2008

tate of New Jersey v. Brandon Krause

04-17-08 State of New Jersey v. Brandon Krause
A-3737-06T5

Based on defendant's failure to meet his burden of proving
facts that would establish that the Hackettstown noise ordinance
was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1
to -23, the ordinance was held valid and the conviction
affirmed. However, the opinion noted that local noise
ordinances may require DEP approval to be enforceable at least
with respect to certain facilities, such as commercial and
industrial sites.