Search Rutgers Law Library N.J. Court Opinions

1 Kean Federation of Teachers v. Ada Morell -- rank: 1000

... concepts of “public business” and “adequate notice,” N.J.S.A. 10:4-8(c), (d). The requirements are generic even though the definition ... diverse membership size, obligations, meeting needs, and other practicalities. See N.J.S.A. 10:4-8(a). The Act’s declared goal is to ensure � ... means to make meeting minutes “promptly available.” See N.J.S.A. 10:4-8 (providing definitions for OPMA terms). II. A. The matter before ... of the term “promptly available” in the Act. See N.J.S.A. 10:4-8. The only published decision to provide a thorough consideration of ...

docket:	a_84_16
court:	NJ Supreme Court
decided:	2018-06-21
status:
citation:
Document Size:	74100

2 State v. Michael Hayes -- rank: 961

... date, location and, to the extent known, the agenda.” N.J.S.A. 10:4-8(d). One exception permits a meeting without “adequate notice� ... session. The notice of that meeting was not adequate under N.J.S.A. 10:4-8 because it did not include the proposed agenda for the ... witness the conduct of public business. (pp. 16-17) 2. N.J.S.A. 10:4-8 requires that the notice given in advance of a meeting ... include the agenda “to the extent” it was known. N.J.S.A. 10:4-8. Nonetheless, plaintiff is not entitled to any remedy because the ... whether formal action may or may not be taken. . . .” N.J.S.A. 10:4-8(d). Although the statute has been amended since its original ... body may meet without having provided notice in accordance with N.J.S.A. 10:4-8(d) if the public body must “deal with ...

docket:	A-13-10
court:	NJ Supreme Court
decided:	2011-03-31
status:
citation:	205 N.J. 522 16 A.3d 1028
Document Size:	84636

3 DAVID W. OPDERBECK v. MIDLAND PARK BOARD OF EDUCATION -- rank: 955

... the OPMA. We hold the term "agenda," as used in N.J.S.A. 10:4-8(d), does not impose a legal obligation on public bodies ... the Board argues we should construe the term "agenda" in N.J.S.A. 10:4-8(d) by its ordinary meaning. Harking back to 1975, the ... to be included within the definition of "adequate notice" in N.J.S.A. 10:4-8(d). 3 Plaintiff argues that citing "a number of dictionary ... this conclusion, she opined that "[t]he notice required by N.J.S.A. 10:4-8(d) . . . need only contain a listing of the items which ... 21. The Board is a "public body" as defined in N.J.S.A. 10:4-8(a). As such, absent the existence of two specifically codified ... 9(a). Read in pari materia with the requirements of N.J.S.A. 10:4-8(d), N.J.S.A. 10:4-18 requires ...

docket:	a2520-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-18
status:	published
citation:	442 N.J.Super. 40 120 A.3d 967
Document Size:	57772

4 FRANCIS J. McGOVERN JR. v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 927

... the Board is required." In keeping with the Act, see N.J.S.A. 10:4-8(d)(3), the Board notified the Secretary of State of ... to specify in advance the "time" the meeting will begin. N.J.S.A. 10:4-8(d) (defining "[a]dequate notice" as written advance notice "giving ...

docket:	a2531-09
court:	New Jersey Superior Court Appellate Division
decided:	2011-02-18
status:	published
citation:	418 N.J. Super. 458 14 A.3d 75
Document Size:	55804

5 CONCERNED CITIZENS OF TENAFLY, INC. v. BOROUGH OF TENAFLY PLANNING BOARD -- rank: 899

... by the Board by mail, telephone, telegram, or hand delivery. N.J.S.A. 10:4-8(d). Actual publication is not required by N.J.S.A. 10:4-8(d). See Worts v. Mayor & Council of Upper Twp., 176 ... 129, 167 A-1989-21 46 (Law Div. 1977) (interpreting N.J.S.A. 10:4-8(d) as requiring a public body to post and merely ... provided: 'Adequate notice' shall have the same definition as at N.J.S.A. 10:4- 8; however, for purposes of this subchapter, and to the extent not otherwise set forth at N.J.S.A. 10:4-8, the notice transmitted to at least two newspapers for publication ... 5:39-1.2 is identical to adequate notice under N.J.S.A. 10:4-8. For the same reasons that the notice satisfied N. ...

docket:	a1989-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	94556

6 JSTAR, LLC v. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 880

... least two newspapers designated by the public body pursuant to N.J.S.A. 10:4-8(d)(2).5 We see no proof that the annual ... must give 'adequate notice' of a meeting in compliance with N.J.S.A. 10:4-8(d), which provides in pertinent part: ''Adequate notice' means written ... similar announcements, N.J.S.A. 10:4-18 and N.J.S.A. 10:4-8(d)(1), and submit it to the municipal clerk, county ... and the New Jersey Secretary of State as dictated by N.J.S.A. 10:4-8(d)(3). The mandated posting, mailing and submission must be ... the same manner as required for the annual meeting schedule. N.J.S.A. 10:4-8(d)(1). It must also be 'mailed, telephoned, telegrammed, or ... to which an annual meeting notice is to be mailed. N.J.S.A. 10:4-8(d)(2). And, it must be submitted in the ...

docket:	a0858-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Unpublished
citation:
Document Size:	33272

7 WILLIAM N. SOSIS v. TOWNSHIP OF MANSFIELD COMMITTEE -- rank: 858

... every public body shall . . . mail to the newspapers described in [ N.J.S.A. 10:4- 8(d)] . . . for the purpose of public inspection a schedule of ... A-2661-21 11 however, addressed a notice provision in N.J.S.A. 10:4-8(d), not the notice provision in N.J.S.A ... because the notices w ere not published in two newspapers. N.J.S.A. 10:4-8(d)(2) requires that notice of meetings be 'mailed, telephoned ... promptly available.' Kean, 233 N.J. at 573-74 (citing N.J.S.A. 10:4-8 (setting forth definitions for the OPMA, but not defining 'promptly ... and to the extent known, the agenda' of the meeting. N.J.S.A. 10:4-8(d). The notice should be submitted to 'at least two ... notice of at least [forty- eight] hours' in compliance with N.J.S.A. [10:4-8(d)] is required only in those situations where the ...

docket:	a2661-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-18
status:	Unpublished
citation:
Document Size:	36517

8 GARY KUEHNAPFEL v. RAYMOND CHINTALL, WEST DEPTFORD TOWNSHIP MAYOR SAMUEL CIANFARINI, WEST DEPTFORD TOWNSHIP COMMITTEEPERSON; SEAN KILPATRICK, WEST DEPTFORD TOWNSHIP DEPUTY MAYOR and the TOWNSHIP OF WEST DEPTFORD - -- rank: 802

... as a voting body to perform a public governmental function." N.J.S.A. 10:4-8(a). Therefore, it must follow that there was no "meeting ... an effective majority of the members of a public body." N.J.S.A. 10:4-8(b). The court finds that the Defendants did not violate ... of any person, or collectively authorized to spend public funds . . . . [ N.J.S.A. 10:4-8(a) (emphasis added).] "Meeting" means any gathering . . . which is attended ... more similar public bodies at a convention or similar gathering. [ N.J.S.A. 10:4-8(b) (emphasis added).] "Public business" is defined as "all matters ... public body's functions or the conduct of its business." N.J.S.A. 10:4-8(c). The certifications provided by Chintall and Cianfarini stated the ... by vote . . . . [ Ibid. ] Consistent with the Legislature's stated intent, N.J.S.A. 10:4-8(a) defines "public body" as a "group of two ...

docket:	a3238-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	34846

9 Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities -- rank: 774

... the definition of a “public body,” defined by N.J.S.A. 10:4-8(a), it “must open its meetings to the public ... a governmental function or is authorized to expend public funds. N.J.S.A. 10:4-8(a). The language defining a “public body” under OPMA ... the definition of a “public body,” defined by N.J.S.A. 10:4-8(a), it “must open its meetings to the public ... a governmental function or is authorized to expend public funds. N.J.S.A. 10:4-8(a). 7 The language defining a “public body” under ... “‘governmental function.’” Id. at 532 (quoting N.J.S.A. 10:4-8(a)). 7 N.J.S.A. 10:4-8(a) defines “public body” as a commission, authority, ...

docket:	A-36-10
court:	NJ Supreme Court
decided:	2011-08-23
status:
citation:
Document Size:	81877

10 SIDNEY S. KANTER v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF WALLINGTON -- rank: 772

... of and an agenda for the hearings as required by N.J.S.A. 10:4-8. Plaintiff also appeals from the September 17, 2010 order, which ... post an agenda within forty-eight hours as required by N.J.S.A. 10:4-8. The Board determined it had complied with the OPMA because ... timely posting and publishing notice of its 2008 meeting dates, N.J.S.A. 10:4-8, required it to post and publish forty-eight hours advance ... of and an agenda for the hearings, as requried by N.J.S.A. 10:4-8. Our Legislature has declared it to be the public's ... it is not required to comply with the requirements of N.J.S.A. 10:4-8, including the posting of an agenda. Witt v. Gloucester Cnty ...

docket:	a3191-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-01
status:	unpublished
citation:
Document Size:	31438

11 R.D.A. v. HUNTERDON CENTRAL REGIONAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION -- rank: 755

... no dispute that the Board is a public body. See N.J.S.A. 10:4-8(a). Under OPMA, a 'meeting' means any gathering . . . which is ... more similar public bodies at a convention or similar gathering. [N.J.S.A. 10:4-8(b).] Public business is defined as 'all matters which relate ... public body's functions or the conduct of its business.' N.J.S.A. 10:4-8(c). In Rice, we construed section 12(b) of OPMA ... quorum, there was no requirement for a Rice notice. See N.J.S.A. 10:4-8(b) (defining meeting, in 14 A-5011-16T3 part, as ...

docket:	a5011-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-29
status:	unpublished
citation:
Document Size:	50503

12 ESSEX COUNTY BOARD of TAXATION v. TOWNSHIP of CALDWELL -- rank: 752

... S.A. 10:4-1, et seq. , “the Act”). N.J.S.A. 10:4-8 of the Act provides in pertinent part: a. “Public ... that the Board is a public body as defined in N.J.S.A. 10:4-8 and is therefore subject to the provisions of the Act ...

docket:	04926-01
court:
decided:	2001-12-17
status:
citation:	19 N.J. Tax 587
Document Size:	53318

13 Amerada Hess Corporation n/k/a Hess Corporation v. Burlington County Planning Board -- rank: 747

... effect. In anticipation of the meeting, and in accordance with N.J.S.A. 10:4-8, the planning board posted a notice that it delivered to ...

docket:	a-41-07
court:
decided:	2008-07-16
status:
citation:	195 N.J. 616
Document Size:	109343

14 /usr/local/share/www/libweb/collections/courts/appellate/a0320-19.opn.html -- rank: 741

... unit upon the specific public business of that body.' (Quoting N.J.S.A. 10:4-8). Citing N.J.S.A. 40:55D-10(g)(2 ... a unit upon the specific public business of that body.' N.J.S.A. 10:4-8(b). 4 The Board has not asserted a challenge to ... an untimely challenge in this case. A-0320-19T1 11 N.J.S.A. 10:4-8(d).6 An agenda, as the term is used in ... meeting, no further notice shall be required for such meeting.' N.J.S.A. 10:4- 8(d). As the motion judge noted, the Court has held ...

docket:
court:
decided:
status:
citation:
Document Size:	26500

15 Amerada Hess Corporation n/k/a Hess Corporation v. Burlington County Planning Board -- rank: 736

... effect. In anticipation of the meeting, and in accordance with N.J.S.A. 10:4-8, the planning board posted a notice that it delivered to ...

docket:	a-41-07
court:
decided:	2008-07-16
status:
citation:
Document Size:	142867