Search Rutgers Law Library N.J. Court Opinions

31 Gannett Satellite Information Network, LLC v. Township of Neptune -- rank: 802

... not authorized by statute. The Court explains in detail why N.J.S.A. 47:1A-6, the fee-shifting provision of OPRA, does not support a ... shall be entitled to a reasonable attorney’s fee.” N.J.S.A. 47:1A-6. The second cause of action available to a requestor seeking ... shifting statute.” Ibid. OPRA’s fee-shifting 17 provision, N.J.S.A. 47:1A-6, is an example of a statutory provision for the payment ... with Gannett’s contention that the Legislature’s reference in N.J.S.A. 47:1A-6 to a fee award to “[a] requestor who prevails ... prevailing party in a claim brought under the common law. N.J.S.A. 47:1A-6 provides that [a] person who is denied access to a ... Government Records Council. Nor do we concur with Gannett that N.J.S.A. 47:1A-6 generally conveys the Legislature’s intent to authorize an ...

docket:	a-63-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:
citation:
Document Size:	60781

32 JEFF CARTER v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF LOCAL GOVERNMENT SERVICES CUSTODIAL AGENCY -- rank: 797

... MUST ASCRIBE MEANING TO THE LEGISLATURE'S CHOSEN WORDS. A. N.J.S.A. 47:1A-6 And -7(e) Must Be Harmonized. B. The GRC Failed ... complaint in a 'summary or expedited manner' in accordance with N.J.S.A. 47:1A-6. He further urges that the GRC failed to abide by the temporal limits set in N.J.S.A. 47:1A-6 and -7(e). Under N.J.S.A. 47:1A-6, a person who is denied access to a government record ... in A-0483-18T1 21 a summary or expedited manner.' N.J.S.A. 47:1A-6. N.J.S.A. 47:1A-7(e) states that ... in any proceeding is entitled to reasonable attorney's fees. N.J.S.A. 47:1A-6. Because Carter has not prevailed in this proceeding, he ...

docket:	a0483-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-10
status:	Unpublished
citation:
Document Size:	40510

33 ATLANTIC COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS v. CITY OF ABSECON -- rank: 794

... proving that the denial of access is authorized by law." N.J.S.A. 47:1A-6. "If it is determined that access has been improperly denied ... prove that their denial of access was authorized by law. N.J.S.A. 47:1A-6. Because defendants rely on the privacy provision for not disclosing ... of plaintiff's request for a reasonable attorney's fee, N.J.S.A. 47:1A-6, for the trial court to address in first instance, including ...

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

34 NEW JERSEY BUILDERS ASSOCIATION v. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 788

... was not a prevailing party entitled to fees pursuant to N.J.S.A. 47:1A-6. NJBA appeals from the order denying its request for fees ... not entitled to fees as a prevailing party under OPRA. N.J.S.A. 47:1A-6. Because NJBA's request did not specifically identify the documents ... On January 20, 2005, NJBA moved for fees pursuant to N.J.S.A. 47:1A-6. NJBA sought an attorney's fee in the amount of ... NJBA was not a prevailing party within the meaning of N.J.S.A. 47:1A-6. She found that "[f]rom a quantitative and qualitative perspective ... The question whether NJBA is entitled to fees pursuant to N.J.S.A. 47:1A-6 is one of statutory construction. The court's role is ... examination.'" MAG , supra , 375 N.J. Super. at 546 (quoting N.J.S.A. 47:1A-6. A requestor who "prevails" is "entitled to a reasonable ...

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

35 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: 783

... Government Records Council, or file an action in Superior Court. N.J.S.A. 47:1A-6. The public agency bears the burden to prove denial of ... of the court to order the remedy of access under N.J.S.A. 47:1A-6. 5 We recognize that when plaintiff requested the arrest record ... in the expunged records. Thus, notwithstanding the express command in N.J.S.A. 47:1A-6 that the court order access in the event of improper ...

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

36 William J. Brennan v. Bergen County Prosecutor’s Office -- rank: 771

... public agency to prove that it appropriately denied a request. N.J.S.A. 47:1A- 6. At the same time, the statute declares that a public ... public agency to prove that it appropriately denied a request. N.J.S.A. 47:1A-6. OPRA broadly defines the term “government record.” The ...

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

37 /usr/local/share/www/libweb/collections/courts/appellate/a2092-15a2704-15a2716-15.opn.html -- rank: 766

... 1.1; N.J.S.A. 47:1A-5(e); N.J.S.A. 47:1A-6. Those issues were thoroughly and correctly addressed by Assignment Judge ... Scheeler counsel fees for the litigation, pursuant to OPRA. See N.J.S.A. 47:1A-6. In A-2716-15, Scheeler filed a similar OPRA lawsuit ... with the 9 A-2092-15T2 Government Records Council (GRC). N.J.S.A. 47:1A-6 (emphasis added). Further, '[a] requestor' who prevails in an OPRA action is entitled to counsel fees. N.J.S.A. 47:1A-6. See also N.J.S.A. 47:1A-7(b ...

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

38 JUSTIN P. FLOOD v. CITY OF OCEAN CITY -- rank: 760

... an order that denied his request to proceed summarily under N.J.S.A. 47:1A-6, a provision of OPRA. Because plaintiff did not establish a ... and he requested to proceed in a summary fashion under N.J.S.A. 47:1A- 6. On April 8, 2022, the trial court entered an order ... not allowing him to proceed in a summary fashion under N.J.S.A. 47:1A-6. Having conducted a de novo review of the record and ... been futile. Finally, when plaintiff sought to proceed summarily under N.J.S.A. 47:1A-6, he was only proceeding under the CL Right and, therefore, he had no right to proceed under N.J.S.A. 47:1A-6, which is a provision of OPRA. A-0219-22 7 ... order to show cause and sought to proceed summarily under N.J.S.A. 47:1A-6. That statute is part of OPRA, and the Supreme ...

docket:	a0219-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-09
status:	Unpublished
citation:
Document Size:	30529

39 John Paff v. Galloway Township -- rank: 738

... establishing a statutory basis for denying Paff’s records request. N.J.S.A. 47:1A-6. Last, in light of our resolution of the OPRA claim ...

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

40 K.L v. EVESHAM TOWNSHIP BOARD OF EDUCATION -- rank: 735

... injunctive relief and reimbursement of his attorney's fees. See N.J.S.A. 47:1A-6. The Board filed an answer, a brief, and certifications opposing ... under an exemption or exclusion from OPRA's disclosure requirement. N.J.S.A. 47:1A-6. In this case, the Board asserts that the disputed chronological ...

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 PAUL B. DALNOKY v. PINELANDS REGIONAL SCHOOL DISTRICT -- rank: 732

... filed 'partial opposition' as to the OPRA claim, pursuant to N.J.S.A 47:1A-6, arguing he was entitled to 'institute a proceeding to challenge ... each of the three . . . audio and videotapes taken of me . . . .' N.J.S.A. 47:1A-6 sets forth the procedure for requestors challenging a decision of ... court or agency head shall order that access be allowed. [N.J.S.A. 47:1A-6.] A-0217-22 8 'Beyond that, the Legislature specifically deferred ... forty-five days of the denial,' id. at 70 (quoting N.J.S.A. 47:1A-6). The Court explained that '[j]ust as OPRA calls for ...

docket:	a0217-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-08
status:	Unpublished
citation:
Document Size:	21266

42 JEFF CARTER v. FRANKLIN FIRE DISTRICT NO. 2 -- rank: 732

... he was not entitled to reasonable attorney's fees under N.J.S.A. 47:1A-6. Carter's primary claims on appeal are that the GRC ... an award of attorney's fees as provided for in N.J.S.A. 47:1A-6.1 The GRC sent its Final Decision to all parties ... failed to include a date or range of dates, 1 N.J.S.A. 47:1A-6 states in pertinent part: 'A requestor who prevails in any ... of proof from the custodian to him in violation of N.J.S.A. 47:1A-6,2 and his due process rights, to be 'without sufficient ... proving that the denial of access is authorized by law.' N.J.S.A. 47:1A-6. 9 A-4726-14T1 5(i),3 because the District ... SOI did not make him a 'prevailing' party under OPRA, N.J.S.A. 47:1A-6, or a 'catalyst' to the GRC awarding him any ...

docket:	a4726-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-22
status:	unpublished
citation:
Document Size:	36212

43 ROTIMI OWOH v. WEST WINDSOR PLAINSBORO REGIONAL SCHOOL DISTRICT CUSTODIAN OF RECORDS -- rank: 726

... proving that the denial of access is authorized by law. N.J.S.A. 47:1A-6. "Government record" is defined as any paper, written or printed ... are to be conducted in a "summary or expedited manner." N.J.S.A. 47:1A-6. As such, they are to proceed under Rule 4:67 ...

docket:	a5583-07
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	157206

44 O.R. o/b/o O.R. v. VICTORIA KNIEWEL -- rank: 726

... proving that the denial of access is authorized by law. N.J.S.A. 47:1A-6. "Government record" is defined as any paper, written or printed ... are to be conducted in a "summary or expedited manner." N.J.S.A. 47:1A-6. As such, they are to proceed under Rule 4:67 ...

docket:	a5181-07
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	157157

45 IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC -- rank: 726

... supporting documents 'excluding information deemed exempt pursuant to [OPRA].' Second, N.J.S.A. 47:1A-6 provides that a person who is denied access to a ...

docket:	a2204-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-25
status:	Published
citation:
Document Size:	125791