Search Rutgers Law Library N.J. Court Opinions

16 NORTH JERSEY MEDIA GROUP INC v. TOWNSHIP OF NUTLEY -- rank: 802

... of Nutley (Township) violated the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, in their responses to NJMG's request for ... are subject to public access, unless otherwise exempt from disclosure. N.J.S.A. 47:1A-1. A request for access to a government record must be ... authority of the State or of any political subdivision thereof[.]" N.J.S.A. 47:1A-1.1. However, under OPRA, a "government record" does not include ... the driver's personal information was permissible under OPRA. See N.J.S.A. 47:1A-1 (agency should safeguard a citizen's personal information if disclosure ...

docket:	a3483-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-30
status:	unpublished
citation:
Document Size:	50607

17 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 802

... D. This appeal involves the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, the Declaratory Judgment Act (DJA), N.J.S ... Firemen's Association (Association), a public agency under OPRA. See N.J.S.A. 47:1A-1.1. We must resolve two principal issues affecting the public ... would violate an applicant's reasonable expectation of privacy under N.J.S.A. 47:1A-1. The Association asserted that upon applying the factors in Doe ... that analysis, the court held that OPRA's privacy clause, N.J.S.A. 47:1A-1, barred release: Applying the Doe factors to the present case ... construed in favor of the public's right of access." N.J.S.A. 47:1A-1. Recognizing such a right of action would be contrary to ... thereof would violate the citizen's reasonable expectation of privacy . . . ." N.J.S.A. 47:1A-1. We have previously determined that the Association is a ...

docket:	a2810-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-18
status:	published
citation:	443 N.J.Super. 238 128 A.3d 716
Document Size:	124357

18 /usr/local/share/www/libweb/collections/courts/trial/l-3217-05.opn.html -- rank: 799

... and proprietary commercial or financial information exempt from disclosure under N.J.S.A. 47:1A-1.1; (2) the documents contain information which, if disclosed, would ... competitors or bidders and, therefore, are exempt from disclosure under N.J.S.A. 47:1A-1.1; and (3) the public need for confidentiality outweighs the ... the public need for confidentiality outweighs the interest in disclosure. N.J.S.A. 47:1A-1.1; N.J.S.A. 47:1A-8. The nine ... by the citizens of this State, with certain exceptions . . . . ” N.J.S.A. 47:1A-1. Moreover, public policy requires courts to construe narrowly OPRA’s ... received in the course of his or its official business . . . . [ N.J.S.A. 47:1A-1.1.] OPRA narrows this general definition by naming classes of ... public body under a licensing agreement which prohibits its disclosure . . . . [ N.J.S.A. 47:1A-1.1.] Before addressing whether defendants properly invoked this exemption, ...

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19 ATLANTIC COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS v. CITY OF ABSECON -- rank: 797

... p]ublic agency" as that term is defined in OPRA. N.J.S.A. 47:1A-1.1. Defendant Carrie A. Crone is the Acting Municipal Clerk ... serves as the custodian of the City's government records, N.J.S.A. 47:1A-1.1, including those pertaining to the licensing of dogs within ... the requested documents were government records, the court concluded that N.J.S.A. 47:1A-1's privacy provision required it to apply a balancing of ... in dismissing its OPRA claim by interpreting the provisions in N.J.S.A. 47:1A-1 as "provid[ing] authority to expand upon the exceptions to ... construed in favor of the public's right of access." N.J.S.A. 47:1A-1. OPRA defines "[g]overnment record" broadly, that is, "any paper ... agency . . . of the State or of any political subdivision thereof . . . ." N.J.S.A. 47:1A-1.1. That same statute, however, contains exemptions from the ...

docket:	a3047-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	42431

20 Baffi Simmons v. Wendy Mercado -- rank: 797

... department is proper under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The key question is whether the complaint- summonses ... records shall be subject to public access unless exempt,” N.J.S.A. 47:1A-1, and it places on the government the burden of establishing ... of the State or of any political subdivision thereof.” N.J.S.A. 47:1A-1.1 (emphases added). “Information” is the key word. Applying ... it is a “government record” subject to OPRA. See N.J.S.A. 47:1A- 1.1. The use of “or” plainly indicates that any ... department is proper under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The key question is whether the complaint-summonses ... ” under the statute’s definition of a government record, N.J.S.A. 47:1A-1.1. The judge emphasized that the 8 language of ...

docket:	a-18-20
court:	NJ Supreme Court
decided:	2021-06-17
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Document Size:	62672

21 Sussex Commons Assocs., LLC v. Rutgers, the State University -- rank: 791

... clinics are subject to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The Rutgers Environmental Litigation Clinic (RELC or the ... public “for the protection of the public interest.” N.J.S.A. 47:1A-1. OPRA promotes transparency in the operation of government and enables ... and any independent State authority, commission, instrumentality or agency.” N.J.S.A. 47:1A-1.1. OPRA also exempts various documents from disclosure. (pp. 12 ... met OPRA’s definition of a public agency. Ibid. (citing N.J.S.A. 47:1A-1.1). “For purposes of OPRA,” the Appellate Division ... the scope of a statute -- the Open Public Records Act, N.J.S.A. 47:1A-1 to -13. The Court’s obligation when interpreting a law ... certain exceptions, for the protection of the public interest.” N.J.S.A. 47:1A-1. The law is designed to promote transparency in the ...

docket:	A-97-10
court:	NJ Supreme Court
decided:	2012-07-05
status:
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Document Size:	87060

22 /usr/local/share/www/libweb/collections/courts/appellate/a1661-18.opn.html -- rank: 786

... 10 (section 10) of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, the exemption for personnel records. We hold a ... 2009). OPRA advances that policy 'by broadly defining 'government records,' N.J.S.A. 47:1A-1.1, and by publicly declaring that they shall be accessible, A-1661-18T2 9 N.J.S.A. 47:1A-1.' Kovalcik v. Somerset Cty. Prosecutor's Office, 206 N.J ... statute expressly deems confidential and thus exempt from public access, N.J.S.A. 47:1A-1.1, OPRA excludes personnel and pension records from the definition ... with any sexual harassment complaint filed with a public employer,' N.J.S.A. 47:1A-1.1, precluded release of the settlement agreement. Id. at 8 ... a public employer,' in the definitional section of the statute, N.J.S.A. 47:1A-1.1, 'advance a discernible public policy,' ibid., in OPRA ...

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23 /usr/local/share/www/libweb/collections/courts/appellate/a1810-16.opn.html -- rank: 784

... government records pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Defendants provided responses to six requests, requested more ... that are being requested are government records [as defined in N.J.S.A. 47:1A-1.1]. So they fall within the ambit of OPRA.' It ... statutory exemptions to the term 'government record,' as defined in N.J.S.A. 47:1A-1.1, which are to be ''construed in favor of the ... Ass'n Obligation), 230 N.J. 258, 276 (2017) (quoting N.J.S.A. 47:1A-1). A-1810-16T3 5 judge also found that many of ... 543 (App. Div. 2005) (emphasis omitted). The purpose of OPRA, N.J.S.A. 47:1A-1 to -13, is 'to insure that government records, unless exempted ... City of Hoboken, 196 N.J. 51, 57 (2008) (citing N.J.S.A. 47:1A-1). When it adopted OPRA, the Legislature codified New Jersey' ...

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court:	NJ Superior Court Law/Chancery Division
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24 LIBERTARIANS FOR TRANSPARENT GOVERNMENT, A NJ NONPROFIT CORPORATION v. THE OCEAN COUNTY PROSECUTOR'S OFFICE -- rank: 780

... its records custodian violated the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, by denying access to the reason for former ... construed in favor of the public's right of access.' N.J.S.A. 47:1A-1. Government records are defined as any paper, written or printed ... inter- agency or intra-agency advisory, consultative, or deliberative material. [N.J.S.A. 47:1A-1.1.] The right to access to government records under OPRA ... of a government record. Kovalcik, 206 N.J. at 588. N.J.S.A. 47:1A- 1.1 'excludes twenty-one categories of information from the definition ... in the course of' the OCPO's 'official business.' See N.J.S.A. 47:1A-1.1. When interpreting a statute, we are required to determine ... s duty to produce 'information stored or maintained electronically,' which N.J.S.A. 47:1A-1.1 expressly defines as a government record. Id. at ...

docket:	a1608-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-05
status:	unpublished
citation:
Document Size:	77526

25 Elizabeth Mason v. City of Hoboken -- rank: 780

... of New Jersey for the protection of the public interest. N.J.S.A. 47:1A-1. To accomplish that aim, OPRA sets forth a comprehensive framework ... present in the predecessor Right to Know Law (RTKL), formerly N.J.S.A. 47:1A-1 to -4 (repealed 2002); decisions under OPRA involve the exercise ... in favor of the public’s right of access.” N.J.S.A. 47:1A-1. The statute defines “government record” broadly but also excludes twenty-one categories of information from the definition. See N.J.S.A. 47:1A-1.1. A “government record” includes “any paper, written ... by any statute, legislative resolution, executive order, or court rule. N.J.S.A. 47:1A-1.1, -9. OPRA calls for the prompt disclosure of government ...

docket:	a-22-07
court:
decided:	2008-07-22
status:
citation:	196 N.J. 51
Document Size:	106239

26 In the Matter of the New Jersey Firemen Association Obligation to Provide Relief Applications Under the Open Public Records Act -- rank: 778

... record request, the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access preclude ... records presumptively accessible to the public unless an exemption applies. N.J.S.A. 47:1A-1. OPRA’s twenty-one exemptions are to be “construed ... in favor of the public’s right of access[.]” N.J.S.A. 47:1A-1. If a records request is denied, section 6 of OPRA ... would violate the citizen’s reasonable expectation of privacy.” N.J.S.A. 47:1A-1; Burnett , supra , 198 N.J. at 414, 427-28. When ... record request, the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access preclude ... records “readily accessible for inspection, copying, or examination.” N.J.S.A. 47:1A-1. Additionally, the Association concedes that section 6 of OPRA ...

docket:	A-68-15
court:	NJ Supreme Court
decided:	2017-08-03
status:
citation:	230 N.J. 258 166 A.3d 1125
Document Size:	88448

27 AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY v. COUNTY PROSECUTORS ASSOCIATION OF NEW JERSEY -- rank: 773

... to records requests under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The ... on file in the course of [CPANJ’s] official business.'' N.J.S.A. 47:1A-1.1. The ACLU contends the 'documents are not exempt from ... readily accessible for inspection, copying, or examination' in violation of N.J.S.A. 47:1A-1'; (2) 'grant access to government records within seven business days ... 1A- - 6'; (4) 'designate a records custodian, in violation of N.J.S.A. 47:1A-1.1'; (5) 'maintain an OPRA request form, in violation of ... by a political subdivision, or a combination of political subdivision. N.J.S.A. 47:1A- 1.1. Per the definition provided by OPRA, CPANJ . . . is a ... with certain exceptions, for the protection of the public interest.' N.J.S.A. 47:1A-1. OPRA's purpose 'is to maximize public knowledge about ...

docket:	a2572-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-22
status:	Published
citation:
Document Size:	72582

28 JESSE WOLOSKY v. FREDON TWP. -- rank: 771

... a non-prevailing party. B. The Open Pubic Records Act, N.J.S.A. 47:1A-1 to -17 Generally, the Open Public Records Act, N.J.S.A. 47:1A-1 to -17 (“OPRA”) provides that: 15 [G]overnment records ... construed in favor of the public's right of access; [N.J.S.A. 47:1A-1] And, Although OPRA specifically references “citizens of this State,” ( N.J.S.A. 47:1A-1) the Attorney General’s Office advises that OPRA does not ... in the course of his or its official business. . . .” N.J.S.A. 47:1A-1.1 (Emphasis added). Generally stated, a “government record” means ... Mr. Wolosky had every right to make OPRA requests under N.J.S.A. 47:1A-1 to -11 relating to a public official in her ...

docket:	08267-16
court:	NJ Tax Court
decided:	2019-12-18
status:	Published
citation:
Document Size:	77747

29 John Paff v. Galloway Township -- rank: 767

... accordance with the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. One month later, Paff filed a complaint and ... Public Records Act (OPRA), L. 2001, c. 404 (codified at N.J.S.A. 47:1A-1 to -13), replacing the then-existing Right-to-Know Law ... in favor of the public’s right of access.” N.J.S.A. 47:1A-1. (pp. 14-16) 2. In keeping with that goal of ... maintained electronically” in a database on a municipality’s server. N.J.S.A . 47:1A-1.1. The Legislature apparently decided against defining government record as ... accordance with the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Plaintiff John Paff filed a request with Galloway ... “ information stored or maintained electronically” by a municipality, quoting N.J.S.A. 47:1A-1.1 (emphasis added). A panel of the Appellate Division ...

docket:	A-88-15
court:	NJ Supreme Court
decided:	2017-06-20
status:
citation:	229 N.J. 340 162 A.3d 1046
Document Size:	74164

30 /usr/local/share/www/libweb/collections/courts/appellate/a2573-19.opn.html -- rank: 767

... investigation report pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The ... J. 258, 276 (2017) (citations omitted). To fulfill that purpose, N.J.S.A. 47:1A-1 provides that 'government records shall be readily accessible . . . by the ... State or of any political subdivision [or] subordinate boards thereof.' N.J.S.A. 47:1A-1.1. Notwithstanding OPRA's expansive reach, 'the right to disclosure ... Cty. Prosecutor's Office, 206 N.J. 581, 588 (2011). N.J.S.A. 47:1A-1.1 expressly excludes twenty-one categories of documents and information ... N.J. 159, 170 (2016) (second alteration in original) (quoting N.J.S.A. 47:1A-1.1). Such confidential information includes personnel records and grievances. N.J.S.A. 47:1A-1.1, -10. 'OPRA also contains a privacy clause requiring ...

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