Search Rutgers Law Library N.J. Court Opinions

46 /usr/local/share/www/libweb/collections/courts/appellate/a2092-15a2704-15a2716-15.opn.html -- rank: 732

... We conclude that the reference to 'citizens' – found in N.J.S.A. 47:1A-1 and nowhere else in OPRA — expresses the 3 A ... materials, and to the counsel fee awarded to plaintiff. See N.J.S.A. 47:1A-1.1; N.J.S.A. 47:1A-5(e); N ... revolves around a phrase used in the first paragraph of N.J.S.A. 47:1A-1. The municipal defendants rely on the following language: 6 A ... inspection, copying, or examination by the citizens of this State . . . . [ N.J.S.A. 47:1A-1 (emphasis added).] In construing a statute, we first consider its ... of this State,' the Legislature arguably created an ambiguity in N.J.S.A. 47:1A-1. However, we conclude that any ambiguity is easily resolved. Reading N.J.S.A. 47:1A-1 sensibly, bearing in mind the context in which 7 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28880

47 DEAN SMITH v. HUDSON COUNTY REGISTER and WILLIE J. FLOOD -- rank: 723

... in violation of both the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and the common law. Defendants, joined by four ... with certain exceptions, for the protection of the public interest . . . [.]" N.J.S.A. 47:1A-1 (emphasis added). "[A]ny limitations on the right of access ... as maps and photographs, are not in printed form. See N.J.S.A. 47:1A-1.1 (broadly defining a "government record" under OPRA to include ...

docket:	a2518-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-10
status:	published
citation:
Document Size:	92707

48 /usr/local/share/www/libweb/collections/courts/appellate/a2507-08.opn.html -- rank: 723

... in violation of both the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and the common law. Defendants, joined by four ... with certain exceptions, for the protection of the public interest . . . [.]" N.J.S.A. 47:1A-1 (emphasis added). "[A]ny limitations on the right of access ... as maps and photographs, are not in printed form. See N.J.S.A. 47:1A-1.1 (broadly defining a "government record" under OPRA to include ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	91683

49 DEAN SMITH v. HUDSON COUNTY REGISTER and WILLIE J. FLOOD -- rank: 723

... in violation of both the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and the common law. Defendants, joined by four ... with certain exceptions, for the protection of the public interest . . . [.]" N.J.S.A. 47:1A-1 (emphasis added). "[A]ny limitations on the right of access ... as maps and photographs, are not in printed form. See N.J.S.A. 47:1A-1.1 (broadly defining a "government record" under OPRA to include ...

docket:	a1762-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-10
status:	published
citation:	411 N.J. Super. 538 988 A.2d 114
Document Size:	92878

50 ANTONIO FUSTER v. TOWNSHIP OF CHATHAM -- rank: 721

... Plaintiffs had requested, under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access, the ... pertains to any criminal investigation or related civil enforcement proceeding.' N.J.S.A. 47:1A-1.1. 2 We observe that the BWCL legislative history contemplates ... 227 N.J. 159, 170 (2016) (alteration in original) (quoting N.J.S.A. 47:1A-1). To effectuate that purpose, OPRA establishes 'a comprehensive framework for ... Prosecutor's Off., 250 N.J. 124, 141 (2022) (citing N.J.S.A. 47:1A-1.1). '[I]f a document falls within one of these ... thereof would violate the citizen's reasonable expectation of privacy.' N.J.S.A. 47:1A-1. In assessing the sufficiency of an agency's reasons for ... 358 N.J. Super. 373, 383 (App. Div. 2003) (citing N.J.S.A. 47:1A-1). The government agency has 'the burden of proving that ...

docket:	a1673-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-27
status:	Published
citation:
Document Size:	47529

51 THOMAS D. WILLIAMSON v. TREASURER, STATE OF NEW JERSEY, -- rank: 717

... of the Uniform Unclaimed Property Act, See footnote 5 5 N.J.S.A. 47:1A-1, et seq. , required the OAUP to record the amounts due ... this information public pursuant to the Right to Know Law, N.J.S.A. 47:1A-1, et seq. Even the original version of N.J.S ... July 1, 2002, and that the Right to Know Law ( N.J.S.A. 47:1A-1, et seq. ) was also recently amended by L. 2001, c ... information is clearly supported by the stated public policy in N.J.S.A. 47:1A-1 that: ��������government records shall be readily accessible for inspection, copying ... 73 (C.47:1A-2)" in the Unclaimed Property Act ( N.J.S.A. 47:1A-1 to construe "any limitations on the right of access" in ... N.J.S.A. 46:3B-76 and references to N.J.S.A. 47:1A-1, the now inconsistent provision in New Jersey's Unclaimed ...

docket:	A2355-01
court:	NJ Superior Court Appellate Division
decided:	2003-02-04
status:	published
citation:	357 N.J. Super. 253 814 A.2d 115
Document Size:	48766

52 JOHN PAFF v. BERGEN COUNTY -- rank: 717

... a request filed under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Plaintiff John Paff requested a log of complaints ... Gilleran v. Bloomfield , 227 N.J. 159 , 170 (2016) (quoting N.J.S.A . 47:1A-1). OPRA "sets forth in detail the manner in which requests ... government 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 ... be confidential." Gilleran , supra , 227 N.J. at 170 (quoting N.J.S.A. 47:1A-1.1). However, the public entity must include specific reasons for ... are not government records subject to OPRA's disclosure requirements. N.J.S.A. 47:1A-1.1 provides "[a] government record shall not include the following ... this literal review overlooks the depth of the recognized exceptions. N.J.S.A. 47:1A-1 explicitly recognizes that records may be exempt from public ...

docket:	a1839-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	52932

53 BERGEN COUNTY IMPROVEMENT AUTHORITY, Plaintiff v. NORTH JERSEY MEDIA GROUP, INC. -- rank: 715

... was required under either the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, our State's common law right of access ... were proprietary financial information and thus exempt from disclosure under N.J.S.A. 47:1A-1.1, which excludes from the definition of a government record ... broader than the statutory definition of "government record" contained in N.J.S.A. 47:1A-1.1. Although the public policy expressed in OPRA is entitled ... limited to criminal investigatory records of a law enforcement agency. [ N.J.S.A. 47:1A-1 (emphasis added).] Nothing contained in [OPRA], as amended and supplemented ... accessible information. See footnote 8 As the Legislature acknowledged in N.J.S.A. 47:1A-1 and N.J.S.A. 47:1A-8, the only ... and proprietary commercial or financial information obtained from any source." N.J.S.A. 47:1A-1.1. Bergen Regional argues that these exclusions represent the ...

docket:	a4390-03
court:	njappellate
decided:	2004-07-01
status:	published
citation:	370 N.J. Super. 504
Document Size:	51063

54 GAYLE ANN LIVECCHIA v. BOROUGH OF MOUNT ARLINGTON -- rank: 715

... this matter arising under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, we examine whether a reasonable right to privacy ... construed in favor of the public's right of access[.] [ N.J.S.A. 47:1A-1.] "[T]he purpose behind the Legislature's enactment of OPRA ... of Educ. , 198 N.J. 274 , 284 (2009)). See also N.J.S.A. 47:1A-1.1 (exempting twenty-one categories of information from the definition ... of privacy.'" Burnett , supra , 198 N.J. at 414 (quoting N.J.S.A. 47:1A-1). The government's need to weigh overriding concerns against allowing ... interest of privacy, limits its restriction to unlisted numbers. See N.J.S.A. 47:1A-1.1 (excluding from the definition of "government record" a "portion ... records and the cost of the audiotapes. 4 We note N.J.S.A. 47:1A-1.1 excludes from the definition of "government record" a " ...

docket:	a4501-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-13
status:	published
citation:	421 N.J. Super. 24 22 A.3d 140
Document Size:	48630

55 ERNEST BOZZI v. BOROUGH OF ROSELLE PARK -- rank: 713

... to the information under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access to ... the dog license records based upon OPRA's privacy provision, N.J.S.A. 47:1A-1. The court maintained the licensees did not expect their 'personal ... not been rescinded, it is also set forth verbatim in N.J.S.A. 47:1A-1 and is clearly part of the law. Burnett, 198 N ... construed in favor of the public's right of access. ' N.J.S.A. 47:1A-1. A '[g]overnment record' is broadly defined as, 'any paper ... agency . . . of the State or of any political subdivision thereof . . . .' N.J.S.A. 47:1A- -1.1. The record custodian, however, must redact personal identifiers from ... unlisted telephone number, or driver license number of any person . . . .' N.J.S.A. 47:1A-1.1 and -5a. There are twenty-three categories of ...

docket:	a4742-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-21
status:	Published
citation:
Document Size:	40410

56 Richard Rivera v. Union County Prosecutor's Office -- rank: 708

... they could not be disclosed under OPRA on other grounds ( N.J.S.A. 47:1A-1, -9(a) and (b)). Next, the Appellate Division rejected plaintiff� ... internal affairs report under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The ... be disclosed under OPRA on other grounds. It relied on N.J.S.A. 47:1A-1 and -9, which provide that OPRA does not abrogate exemptions ... on file in the course of . . . official [government] business.” N.J.S.A. 47:1A-1.1. OPRA also exempts more than twenty categories of records ...

docket:	a-58-20
court:	NJ Supreme Court
decided:	2022-03-14
status:
citation:
Document Size:	60420

57 MARTIN O'SHEA v. TOWNSHIP OF WEST MILFORD -- rank: 708

... West Milford, had violated the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, by refusing to provide plaintiff, Martin O'Shea ... are "exempt from disclosure as criminal investigatory records pursuant to N.J.S.A. 47:1A-1.1." The Township nevertheless gave plaintiff "a summary report . . . that ... the statutory requirements that "government records shall be readily accessible[,]" N.J.S.A. 47:1A-1, and that "any limitations on the right of access . . . shall ... general disclosure requirements of OPRA as criminal investigatory records under N.J.S.A. 47:1A-1.1. Judge Brogan found that the Township had failed to ... pertain to an investigation in progress by any public agency." N.J.S.A. 47:1A-1.1, because they are "not mandated by law to be ... through OPRA, which replaced the former Right-to-Know Law, N.J.S.A. 47:1A-1 to -4 (amended and supplemented by OPRA, L. 2001, ...

docket:	a1185-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-09
status:	published
citation:	410 N.J. Super. 371 982 A.2d 459
Document Size:	63320

58 JOHN PAFF v. BOROUGH OF GIBBSBORO ANNE D LEVY in her official capacity as Gibbsboro Borough Clerk and Records Custodian TOWNSHIP OF VOORHEES, JEANETTE SCHELBERG in her official capacity as Voorhees Township Clerk and Records Custodian, RICHARD TAYLOR -- rank: 706

... address the interplay between the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the expungement statute, N.J.S.A ... and (b), and were also inter/intra agency material under N.J.S.A. 47:1A-1.1. The police chief later asserted that Taylor's duty ... construed in favor of the public's right of access." N.J.S.A. 47:1A-1. "OPRA's clear purpose . . . is 'to maximize public knowledge about ... government records shall be subject to public access unless exempt. N.J.S.A. 47:1A-1. However, the definition of "government record" excludes numerous forms of information. N.J.S.A. 47:1A-1.1. "OPRA excludes twenty-one categories of information, making the ... of Court; any federal law, federal regulation, or federal order[.]" N.J.S.A. 47:1A-1. OPRA expressly provides that it does not override any ...

docket:	a3300-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-17
status:	Published
citation:
Document Size:	49532

59 JOSEPH KRAKORA v. CHRISTINE A. HOFFMAN -- rank: 706

... exceptions, constitute public records under the Open Public Records Act, N.J.S.A. 47:1A-1 to 47:1A-13, as to which the Public Defender ...

docket:	a1893-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	52614

60 DOUGLAS F. CIOLEK, ESQ v. TOWNSHIP OF ROXBURY -- rank: 702

... order denying his Open Public Records Act (OPRA) request under N.J.S.A. 47:1A-1 to -13, seeking police notes relating to Natalia Brewington and ... investigatory reports were exempt from OPRA's disclosure requirements under N.J.S.A. 47:1A-1.1. We remand for the trial court to conduct an ... which are not 'government records' subject to OPRA access under N.J.S.A. 47:1A-1.1. In addition, the Township challenged the law firm's ... s analysis, Ciolek sought 'only reports and notes,' thereby implicating N.J.S.A. 47:1A-1.1, which exempts 'criminal investigatory records' from OPRA disclosure because ... 227 N.J. 159, 170 (2016) (alteration in original) (quoting N.J.S.A. 47:1A-1); see also Mason v. City of Hoboken, 196 N.J ... documents he requested were exempt as criminal investigatory records under N.J.S.A. 47:1A-1.1, because that falls short of the requisite analysis. ...

docket:	a3729-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-26
status:	Unpublished
citation:
Document Size:	22064