Search Rutgers Law Library N.J. Court Opinions

31 Vasil Kovalcik v. Somerset County Prosecutor\'s Office -- rank: 763

... of the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, that create exemptions applicable to the more general ... have been deemed to be confidential by a court order, N.J.S.A. 47:1A-1.1. The second provision at issue exempts personnel records from ... advance this policy by broadly defining “government records,” N.J.S.A. 47:1A-1.1, and by publicly declaring that they shall be accessible, N.J.S.A. 47:1A-1. Notwithstanding that sweeping declaration, the right to disclosure is not ... of the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, that create exemptions applicable to the more general ... have been deemed to be confidential by a court order, N.J.S.A. 47:1A-1.1. As to that exemption, we are called upon ...

docket:	a-43-10
court:	superior court trial
decided:	2011-06-21
status:
citation:
Document Size:	62118

32 KENNETH M. SERRANO v. SOUTH BRUNSWICK TOWNSHIP, et al. -- rank: 756

... created to carry out the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The GRC decision overturns a decision by South ... as confidential because they qualified as "criminal investigatory records" under N.J.S.A. 47:1A-1.1. These initial findings recommended, however, that the GRC find ... that the content of the tape meets the criteria in N.J.S.A. 47:1A-1.1. Thus, Serrano asserted that 911 tapes should not be ... bear[] vital evidentiary significance to that investigation." ����OPRA, codified at N.J.S.A. 47:1A-1 to -13, replaced the Right to Know Act of 1963, N.J.S.A. 47:1A-1 to -4, and became effective July 7, 2002, little more ... construed in favor of the public's right of access[.] ��������[ N.J.S.A. 47:1A-1.] ����This declaration is fully consistent with the approach under ...

docket:	A3110-02
court:	NJ Superior Court Appellate Division
decided:	2003-03-19
status:	published
citation:
Document Size:	46463

33 CHRIS DOE v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 756

... Doe's requests under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, for various records, including his own Rutgers graduate ... inter- agency or intra-agency advisory, consultative, or deliberative material. [ N.J.S.A. 47:1A-1.1 (emphasis added).] Our 'overarching public policy' favors 'a citizen ... 358 N.J. Super. 373, 383 (App. Div. 2003) (citing N.J.S.A. 47:1A-1). Accordingly, OPRA directs that 'all government records shall be subject ... construed in favor of the public's right of access.' N.J.S.A. 47:1A-1. OPRA only applies to records 'made, maintained or kept on ... received in the course of [the agency's] official business[.]' N.J.S.A. 47:1A-1.1. Among the records specifically exempted under OPRA are those ... exempt are 'any federal law, federal regulation, or federal order[,]' N.J.S.A. 47:1A- -1, and any information that is protected by any 'federal ...

docket:	a5285-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-12
status:	Published
citation:
Document Size:	38057

34 William J. Brennan v. Bergen County Prosecutor’s Office -- rank: 756

... the Court considers whether the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, requires disclosure of the names and addresses of ... in favor of the public’s right of access.” N.J.S.A. 47:1A-1. 1 The law also places the burden on the public ... would violate the citizen’s reasonable expectation of privacy.” N.J.S.A. 47:1A-1 (emphasis added). (pp. 8-9) 2. The statute lists twenty-three exemptions. N.J.S.A. 47:1A-1.1. Several exemptions encompass names and home addresses but prevent ... that a public agency must safeguard records from public access. N.J.S.A. 47:1A-1 (emphasis added). Before an extended analysis of the Doe factors ... appeal, we consider whether the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, requires disclosure of the names and addresses ...

docket:	a_62_16
court:	NJ Supreme Court
decided:	2018-05-23
status:
citation:
Document Size:	42089

35 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY v. STATE OF NEW JERSEY OFFICE OF THE ATTORNEY GENERAL -- rank: 754

... from an order denying their Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, requests for documents maintained by defendant State of ... they contain advisory, consultative, deliberative, or attorney-client communications under N.J.S.A. 47:1A-1.1. The judge also found plaintiffs did not establish common ... index fall under the advisory, consultative, or deliberate exemption under N.J.S.A. 47:1A-1.1; the fourth, fifth, and tenth requested items are protected ... construed in favor of the public's right of access.' N.J.S.A. 47:1A-1; see also Libertarians for Transparent Gov't v. Cumberland Cnty ... 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 ... government record.'' Scheeler, 448 N.J. Super. at 343 (citing N.J.S.A. 47:1A-1.1). In addition, N.J.S.A. 47:1A- ...

docket:	a2647-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-01
status:	Unpublished
citation:
Document Size:	71518

36 KENNETH M. SERRANO v. SOUTH BRUNSWICK TOWNSHIP, et al. -- rank: 754

... created to carry out the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The GRC decision overturns a decision by South ... as confidential because they qualified as "criminal investigatory records" under N.J.S.A. 47:1A-1.1. These initial findings recommended, however, that the GRC find ... that the content of the tape meets the criteria in N.J.S.A. 47:1A-1.1. Thus, Serrano asserted that 911 tapes should not be ... bear[] vital evidentiary significance to that investigation." ����OPRA, codified at N.J.S.A. 47:1A-1 to -13, replaced the Right to Know Act of 1963, N.J.S.A. 47:1A-1 to -4, and became effective July 7, 2002, little more ... construed in favor of the public's right of access[.] ��������[ N.J.S.A. 47:1A-1.] ����This declaration is fully consistent with the approach under ...

docket:	A2708-02
court:	NJ Superior Court Appellate Division
decided:	2003-03-19
status:	published
citation:	358 N.J. Super. 352 817 A.2d 100
Document Size:	46500

37 In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6 -- rank: 752

... subject to disclosure unless the law exempts them from access. N.J.S.A. 47:1A-1. As the Appellate Division aptly noted, however, “this is ...

docket:	a-26-20
court:	NJ Supreme Court
decided:	2021-06-07
status:
citation:
Document Size:	111736

38 RISE AGAINST HATE, a N.J v. CHERRY HILL TOWNSHIP -- rank: 747

... them from disclosure under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. We conclude members of the public who submit ... protected from public disclosure by the personal privacy provision of N.J.S.A. 47:1A-1. On January 22, 2021, RAH and Jung filed a complaint ... the subscribers. A township official denied the request pursuant to N.J.S.A. 47:1A-1, stating that although the requested information is a government record ... addresses are protected from A-3421-20 10 disclosure by N.J.S.A. 47:1A-1 because the members of the public who joined the distribution ... that the requested information is precluded from public disclosure by N.J.S.A. 47:1A-1. On October 25, 2021, the trial court issued an oral ... construed in favor of the public's right of access . . . .' N.J.S.A. 47:1A- 1. The records custodian has the burden to show that ...

docket:	a3421-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-29
status:	Unpublished
citation:
Document Size:	57513

39 STEVE RAMSHUR v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 747

... to the DEP under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, seeking access to bids submitted in response to ... plaintiff's request, explaining that the competitive advantage exemption, see N.J.S.A. 47:1A-1.1, exempted Liberty National's bid from public disclosure. Consequently ... Borough of Longport, 218 N.J. 168, 184 (2014) (quoting N.J.S.A. 47:1A-1). OPRA provides that 'government records shall be readily accessible for ... with certain exceptions, for the protection of the public interest.' N.J.S.A. 47:1A-1. A government record includes 'any . . . document . . . that has been made ... course of . . . official business by any . . . agency . . . of the State.' N.J.S.A. 47:1A-1.1. If '[a] person . . . is denied access to a government ... s right to access government records is not absolute. See N.J.S.A. 47:1A-1.1; N.J.S.A. 47:1A-9. OPRA ...

docket:	a1527-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-19
status:	Unpublished
citation:
Document Size:	46855

40 K.L v. EVESHAM TOWNSHIP BOARD OF EDUCATION -- rank: 745

... Board of Education violated the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and his common law right of access to ... the definition of government records exempted them from disclosure. See N.J.S.A. 47:1A-1.1. Second, according to the Board, any records that pertain ... protected by the attorney-client and work product privileges. See N.J.S.A. 47:1A-1.1. The court reached no findings or conclusions as to ... Legislature, Executive Order, the Rules of Court, or federal law. N.J.S.A. 47:1A-1. In relevant part, OPRA defines "government record" as: any paper ... inter-agency or intra-agency advisory, consultative, or deliberative material. [ N.J.S.A. 47:1A-1.1.] OPRA lists categories of documents and information expressly excluded from the meaning of "government record." N.J.S.A. 47:1A-1.1, -3, and -10. The government bears the burden ...

docket:	a1771-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-12
status:	published
citation:	423 N.J. Super. 337 32 A.3d 1136
Document Size:	68391

41 Elizabeth Mason v. City of Hoboken -- rank: 743

... 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 ... construed 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 or printed ... 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. 51 951 A.2d 101
Document Size:	121816

42 RAFAEL VALENTIN v. BOROUGH OF PENNS GROVE -- rank: 743

... a request for information under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (OPRA). The request 'ask[ed] that copies of ... interpretation.' 23 A-0834-15T 2 Id. at 351 (quoting N.J.S.A. 47:1A-1.1). 'By OPRA's [plain] language, information in electronic form ... that the requested information was 'information stored or maintained electronically.' N.J.S.A. 47:1A-1.1. Rather, the documents produced by the Borough were forms ... paper, written or printed book, document, . . . or image processed document,' N.J.S.A. 47:1A-1.1, OPRA 'only allows requests for records, not requests for ... definition of a 'Government record.' 26 A-0834-15T 2 N.J.S.A. 47:1A-1.1. Both Renner and the Borough's counsel certified counsel ...

docket:	a0834-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-02
status:	unpublished
citation:
Document Size:	104360

43 FRAN BROOKS v. TOWNSHIP OF TABERNACLE -- rank: 743

... them from disclosure under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. We conclude that when members of the public ... addresses would violate an objectively reasonable expectation of privacy, see N.J.S.A. 47:1A-1, because 'the average citizen generally does not understand OPRA or ... construed in favor of the public's right of access . . . .' N.J.S.A. 47:1A- 1. The records custodian has the burden to show that its ... Governor, 443 N.J. Super. 230, 234 (App. Div. 2015). N.J.S.A. 47:1A-1 provides that 'government records shall be readily accessible for inspection ... with certain exceptions, for the protection of the public interest . . . .' N.J.S.A. 47:1A-1. A '[g]overnment record' includes any . . . information stored or maintained ... in the course of . . . official business by any such officer . . . . [N.J.S.A. 47:1A-1.1.] There is no dispute that the email log ...

docket:	a3769-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-29
status:	Unpublished
citation:
Document Size:	50470

44 RAYMOND CATTONAR v. TOWNSHIP OF JACKSON POLICE DEPARTMENT -- rank: 736

... Department) claiming violation of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. We affirm. Cattonar, a resident of Jackson Township ... 434 N.J. Super. 326 , 332 (App. Div. 2014) (quoting N.J.S.A. 47:1A-1). OPRA replaced the former Right to Know Law, N.J ... government records shall be subject to public access unless exempt . . . ." N.J.S.A. 47:1A-1. Therefore, records must be subject to a specific exclusion to ... by law." N.J.S.A. 47:1A-6. Finally, N.J.S.A. 47:1A-1.1 includes the categories of documents falling outside the expansive ... Restriction on access to other specific documents is discussed in N.J.S.A. 47:1A-1.2 (biotechnology trade secrets); N.J.S.A. 47:1A ... data represents "working documents" within the deliberative process exemption of N.J.S.A. 47:1A-1.1. The GRC maintains the regulation, N.J.A. ...

docket:	a2419-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	48963

45 NEWARK MORNING LEDGER CO. v. NEW JERSEY SPORTS & EXPOSITION AUTHORITY -- rank: 734

... requirements set forth in the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Defendant, the New Jersey Sports and Exposition Authority ... secrets" or "proprietary commercial or financial information" as used in N.J.S.A. 47:1A-1.1. Further, disclosure of the details regarding the licensing fees ... construed in favor of the public's right of access[.] [ N.J.S.A. 47:1A-1.] OPRA's paramount principle of "ready access to government records ... authority of the State or of any political subdivision." Ibid. N.J.S.A. 47:1A-1.1. The Legislature, however, recognized the "sweeping declaration" that all ... court, judicial decisions, or federal law." Id. at 6 (citing N.J.S.A. 47:1A-1, -9). Furthermore, when a request for government records is made ... records, unless excluded by one of the enumerated exceptions of N.J.S.A. 47:1A-1.1. The question for resolution is whether any of ...

docket:	a1810-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-30
status:	published
citation:	423 N.J. Super. 140 31 A.3d 623
Document Size:	94730