Search Rutgers Law Library N.J. Court Opinions

16 John Paff v. Galloway Township -- rank: 765

... information; it is a government record. (pp. 16-17) 3. N.J.S.A. 47:1A-5(d) allows for a service-fee charge when the request ... amount of manipulation or programming of information technology,” quoting N.J.S.A. 47:1A-5(d). He insists, “it is critical that citizens have ... placing in context the different treatment given to electronic information. N.J.S.A. 47:1A-5(d) provides that a records requestor is entitled to a ... if granting access “would substantially disrupt agency operations.” N.J.S.A. 47:1A-5(g). However, before doing so, the agency must first attempt ... that are not subject to disclosure. See ibid. ; see also N.J.S.A. 47:1A-5(a). Additionally, the Legislature declared in OPRA that public agencies ...

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

17 /usr/local/share/www/libweb/collections/courts/trial/l-3217-05.opn.html -- rank: 753

... request form and promptly return it to the requestor.” N.J.S.A. 47:1A-5(g). OPRA further provides that “[a] person who is ... within one of the statutory exemptions, redaction is not required. N.J.S.A. 47:1A-5 addresses redaction in the context of a document that has ... shall promptly permit access to the remainder of the record. [ N.J.S.A. 47:1A-5(g).] As noted heretofore, OPRA defines a government record as ...

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18 SCOTT KENNEDY v. MONTCLAIR CENTER CORPORATION BUSINESS IMPROVEMENT DISTRICT -- rank: 748

... requested at the five-cents-a-page charge consistent with N.J.S.A. 47:1A-5(b). Kennedy, supra, slip op. at 3-5. However, defendant ... 1, that was required to promulgate an OPRA form, see N.J.S.A. 47:1A-5(f), and appoint an OPRA custodian, N.J.S.A ... at the generally applicable five- cents-a-page rate. See N.J.S.A. 47:1A-5(b). The court recognized it had not resolved whether defendant was entitled to charge twenty cents a page. See N.J.S.A. 47:1A-5(c). Still, the court found that 'plaintiff has established a ... five-cents-a-page copying rate is the general standard. N.J.S.A. 47:1A-5(b).6 Defendant would have borne the burden to demonstrate ... five cents a page, or their actual costs, if higher. N.J.S.A. 47:1A-5(b). Defendant admitted that its costs of materials and ...

docket:	a5422-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-27
status:	unpublished
citation:
Document Size:	58430

19 /usr/local/share/www/libweb/collections/courts/appellate/a2092-15a2704-15a2716-15.opn.html -- rank: 739

... plaintiff. See N.J.S.A. 47:1A-1.1; N.J.S.A. 47:1A-5(e); N.J.S.A. 47:1A-6. Those issues ... obligation to produce records, uses the terms 'person' or 'requestor.' N.J.S.A. 47:1A-5(a) provides that a government records custodian 'shall permit the ... upon payment of the fee prescribed by law or regulation.' N.J.S.A. 47:1A-5(b) (emphasis added). Subsection (c) permits '[t]he requestor' to ... review and object to a charge for copying public records. N.J.S.A. 47:1A-5(c). Subsections (f) and (i) indicate that anonymous OPRA requests ... are permitted, which appears incompatible with a state residency requirement. N.J.S.A. 47:1A-5(f) and (i). See A.A. v. Gramiccioni, 442 N ...

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

20 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 739

... a defense that is expressly provided by the statute . See N.J.S.A. 47:1A-5(g) (permitting the custodian of a government record to "assert ...

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

21 RISE AGAINST HATE, a N.J v. CHERRY HILL TOWNSHIP -- rank: 724

... 1.1. These exclusions do not apply here. In addition, N.J.S.A. 47:1A-5(a) provides that [p]rior to allowing access to any ... made, maintained or kept on file by a public agency. N.J.S.A. 47:1A-5(a). A-3421-20 15 judicial officers and others from ... municipal records to public disclosure in every circumstance. In addition, N.J.S.A. 47:1A-5(a) contains a detailed list of personal information in government ... 5 The significance of the omission of email addresses from N.J.S.A. 47:1A-5(a) must be considered in light of the 2004 report ... as unlisted telephone numbers, which are protected from disclosure in N.J.S.A. 47:1A-5(a). See Privacy Study Commission, Final Report 12 (2004). The ...

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

22 FRAN BROOKS v. TOWNSHIP OF TABERNACLE -- rank: 719

... 1.1. These exclusions do not apply here. In addition, N.J.S.A. 47:1A-5(a) provides that [p]rior to allowing access to any ... made, maintained or kept on file by a public agency. N.J.S.A. 47:1A-5(a). A-3769-20 9 This provision requires government records ... employees with respect to information received from the public. Moreover, N.J.S.A. 47:1A-5(a) contains a detailed list of personal information in A ... 4 The significance of the omission of email addresses from N.J.S.A. 47:1A-5(a) must be considered in light of the 2004 report ... as unlisted telephone numbers, which are protected from disclosure in N.J.S.A. 47:1A-5(a). See Privacy Study Commission, Final Report 12 (2004). The ...

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

23 RAFAEL VALENTIN v. BOROUGH OF PENNS GROVE -- rank: 707

... responsive documents by the due date of May 5. See N.J.S.A. 47:1A-5. However, the documents were too voluminous for her to scan ...

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

24 JOHN PAFF v. BERGEN COUNTY -- rank: 702

... underscoring the responsiveness and cooperation expected from custodians." Ibid. (citing N.J.S.A. 47:1A-5). Further, the statute mandates "all government records shall be subject ... shall promptly permit access to the remainder of the record. [ N.J.S.A. 47:1A-5.] See Gannett N.J. Partners, LP v. County of Middlesex ... state the 'specific basis' for the denial of access . . . .") (quoting N.J.S.A. 47:1A-5(g)). "Courts will simply no longer accept conclusory and generalized ... statement relieved defendants of the affirmative obligation set forth in N.J.S.A. 47:1A-5(g). Accepting our responsibility to "maintain a sharp focus on ...

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

25 William J. Brennan v. Bergen County Prosecutor’s Office -- rank: 700

... or driver license number of any person.” Ibid. Under N.J.S.A. 47:1A-5(a), custodians must redact that information from government records before ...

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

26 DEAN SMITH v. HUDSON COUNTY REGISTER -- rank: 698

... for letter-size pages at $0.05 per page. See N.J.S.A. 47:1A-5(b) (as amended, eff. Nov. 9, 2010). The amendment makes ... November 9, 2010 (the effective date of the amendment to N.J.S.A. 47:1A-5(b)). II. The counsel fee issue before us is governed ... prevailed in persuading this court to adopt their interpretation of N.J.S.A. 47:1A-5(b), i.e., presumptively limiting copying charges to the government ... the other appellants to harmonize the "actual costs" language of N.J.S.A. 47:1A-5(b) with the fee schedule that also appeared in that ... analysis of the statute, we noted that the wording of N.J.S.A. 47:1A-5(b) was "murky" as to whether agencies were required to ... statute was plausible, and that the legislatively-intended meaning of N.J.S.A. 47:1A-5(b) was "not entirely free from doubt." Smith , supra , ...

docket:	a4113-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-25
status:	published
citation:	422 N.J. Super. 387 29 A.3d 313
Document Size:	35755

27 DEAN SMITH v. HUDSON COUNTY REGISTER -- rank: 698

... for letter-size pages at $0.05 per page. See N.J.S.A. 47:1A-5(b) (as amended, eff. Nov. 9, 2010). The amendment makes ... November 9, 2010 (the effective date of the amendment to N.J.S.A. 47:1A-5(b)). II. The counsel fee issue before us is governed ... prevailed in persuading this court to adopt their interpretation of N.J.S.A. 47:1A-5(b), i.e., presumptively limiting copying charges to the government ... the other appellants to harmonize the "actual costs" language of N.J.S.A. 47:1A-5(b) with the fee schedule that also appeared in that ... analysis of the statute, we noted that the wording of N.J.S.A. 47:1A-5(b) was "murky" as to whether agencies were required to ... statute was plausible, and that the legislatively-intended meaning of N.J.S.A. 47:1A-5(b) was "not entirely free from doubt." Smith , supra , ...

docket:	a4114-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-25
status:	published
citation:
Document Size:	35584

28 NEW JERSEY BUILDERS ASSOCIATION v. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 698

... unable to comply with a request, "indicate the specific basis." N.J.S.A. 47:1A-5(a)-(j). The requestor must pay the costs of reproduction ... NJBA that it could not respond until September 20, 2004. N.J.S.A. 47:1A-5 includes exceptions to the general rule that require a custodian ... OPRA. MAG , supra , 375 N.J. Super. at 543-46. N.J.S.A. 47:1A-5 is one solution to a labor intensive demand but not the only solution. Subsection (g) of N.J.S.A. 47:1A-5 authorizes custodians to propose a broad range of "reasonable solutions ... specific reference to operationally disruptive requests in subsection (i) of N.J.S.A. 47:1A-5, which states the seven-business-day rule and addresses extensions ... necessitated by an operationally disruptive OPRA request. Subsection (g) of N.J.S.A. 47:1A-5 clearly permits outright denial of these requests after an ...

docket:	a4531-04
court:	njappellate
decided:	2007-01-24
status:	published
citation:	390 N.J. Super. 166
Document Size:	23593

29 AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY v. COUNTY PROSECUTORS ASSOCIATION OF NEW JERSEY -- rank: 683

... to government records within seven business days, in violation of N.J.S.A. 47:1A-5([i])'; (3) 'prove that the denial of access is authorized ... 1'; (5) 'maintain an OPRA request form, in violation of N.J.S.A. 47:1A-5(f)'; and (6) A-2572-20 8 lawfully allow 'access ...

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

30 NEWARK MORNING LEDGER CO. v. NEW JERSEY SPORTS & EXPOSITION AUTHORITY -- rank: 676

... supra , 198 N.J. at 421, is also reflected in N.J.S.A. 47:1A-5(e), which states: "Immediate access ordinarily shall be granted to ... 379 N.J. Super. 205 , 215 (App. Div. 2005) (quoting N.J.S.A. 47:1A-5(g)). See also N.J.S.A. 47:1A-6 ...

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