Search Rutgers Law Library N.J. Court Opinions

1 NorthJersey Media Group, Inc. v. Township of Lyndhurst -- rank: 1000

... to the trial court to reconsider NJMG’s request under N.J.S.A. 47:1A-3(a) and the common law. On remand, the Honorable Bonnie ... within the criminal investigatory records exception. (pp. 27-31) 4. N.J.S.A. 47:1A-3(b) requires the release of “information as to the ... were not available to the public before the investigation began. N.J.S.A. 47:1A-3(a). Investigative reports prepared after a police shooting ordinarily contain ... 47:1A-1.1, and records of investigations in progress, N.J.S.A. 47:1A-3. The matter also implicates the common law right of access ... disclosure will “be inimical to the public interest.” N.J.S.A. 47:1A-3(a). We conclude that the danger to an ongoing investigation ... Terminal Printouts; and all information required to be released under N.J.S.A. 47:1A-3(b). The reporter filed a similar request with the ...

docket:	A-35-15
court:	NJ Supreme Court
decided:	2017-07-11
status:
citation:	229 N.J. 541 163 A.3d 887
Document Size:	117487

2 John Paff v. Ocean County Prosecutors Office -- rank: 997

... for records pertaining to an “investigation in progress,” N.J.S.A. 47:1A-3(a); and its mandate that a public agency “safeguard ... considers OPRA’s “investigations in progress” exemption, prescribed by N.J.S.A. 47:1A-3(a). In order to invoke that exemption, a public agency ... the investigation began.” 229 N.J. at 573 (quoting N.J.S.A. 47:1A-3(a)). The OCPO has met N.J.S.A. 47:1A-3(a)’s first and third requirements. The OCPO, however, has failed to satisfy the second prong of the N.J.S.A. 47:1A-3(a) standard, which requires proof that disclosure would be � ... for records pertaining to an “investigation in progress,” N.J.S.A. 47:1A- 3(a); and its mandate that a public agency “ ...

docket:	a_17_16
court:	NJ Supreme Court
decided:	2018-08-13
status:
citation:
Document Size:	103400

3 NORTH JERSEY MEDIA GROUP, INC v. TOWNSHIP OF LYNDHURST -- rank: 956

... 3(b) of the New Jersey Open Public Records Act, N.J.S.A. 47:1A-3(b) where (i) an arrest has not yet been made ... of which would be detrimental to the public interest, under N.J.S.A. 47:1A-3(a) and (b). Rutherford Police Department telephone and radio recordings ... A. 47:1A-1.1, nor the ongoing investigation exception, N.J.S.A. 47:1A-3(a), shielded the documents from release. The former provision excludes ... would jeopardize persons' safety, an investigation, or was otherwise inappropriate. N.J.S.A. 47:1A-3(b). The court determined the press release was insufficient, and ... record or records shall be inimical to the public interest." N.J.S.A. 47:1A-3(a). This exception, however, does not apply to a record ... of which would be inimical to the public interest under N.J.S.A. 47:1A-3(a), a public agency must still disclose certain "information" ...

docket:	a2523-14
court:	NJ Superior Court Appellate Division
decided:	2015-06-11
status:	published
citation:	441 N.J.Super. 70 116 A.3d 570
Document Size:	140477

4 NORTH JERSEY MEDIA GROUP INC v. BERGEN COUNTY PROSECUTOR'S OFFICE -- rank: 852

... inconsistent with its plain language; renders statutory provisions, i.e., N.J.S.A. 47:1A-3(b) and N.J.S.A. 47:1A-8, meaningless ... J.S.A. 47:1A-9(b). 6 Aside from N.J.S.A. 47:1A-3(b), BCPO did not explicitly identify other exemptions contained within ... 47:1A-1.1, and the investigation in process exemption, N.J.S.A. 47:1A-3. For the sake of completeness, we review these exemptions to ... acknowledge that responsive records exist. The "investigation in process" exemption, N.J.S.A. 47:1A-3, shields records that "pertain to an investigation in progress by ...

docket:	a2393-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-31
status:	published
citation:	447 N.J.Super. 182 146 A.3d 656
Document Size:	85464

5 /usr/local/share/www/libweb/collections/courts/appellate/a4226-14.opn.html -- rank: 821

... 1, nor excepted as part of an "investigation in progress," N.J.S.A. 47:1A-3(a). He also held that the driver's "expectation of ... exempt from disclosure as pertaining to an "investigation in progress," N.J.S.A. 47:1A-3(a), because any investigations of the driver of the vehicle ... made." The judge explained that under the specific terms of N.J.S.A. 47:1A-3(a), "the ongoing investigation exception does not work retroactively to ... to "an investigation in progress" by a public agency under N.J.S.A. 47:1A-3(a). Id. at 384–86. In addition, we found that ... The "investigation in progress" exception to OPRA is defined in N.J.S.A. 47:1A-3 and provides that: Notwithstanding the provisions of [OPRA], where it ... for public inspection, examination, or copying before the investigation commenced. [ N.J.S.A. 47:1A-3(a).] Consequently, the public agency must prove that the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	446 N.J.Super. 163 141 A.3d 300
Document Size:	113549

6 NORTH JERSEY MEDIA GROUP INC v. PASSAIC COUNTY PROSECUTOR'S OFFICE, -- rank: 804

... information which must be released within twenty- four hours under N.J.S.A. 47:1A-3(b). On January 29, 2016, the PCPO through Verlardi sent plaintiff a redacted indictment and the information under N.J.S.A. 47:1A- 3(b). After obtaining an extension, the PCPO through Verlardi responses ... pertain to an investigation in progress by any public agency.' N.J.S.A. 47:1A- 3(a). 8 A-2016-16T1 retained for 'no less than ...

docket:	a2016-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-17
status:
citation:
Document Size:	67976

7 RAYMOND CATTONAR v. TOWNSHIP OF JACKSON POLICE DEPARTMENT -- rank: 783

... request for information regarding the victim of the crime); and N.J.S.A. 47:1A-3 (records of a public agency's investigation in progress). The ...

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

8 Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities -- rank: 780

... 47:1A-2.2 (“victim’s personal identifying information”); N.J.S.A. 47:1A-3 (“[r]ecords of investigations in progress”). This archive is ...

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

9 Vasil Kovalcik v. Somerset County Prosecutor\'s Office -- rank: 778

... 47:1A-1.2 (limiting access to biotechnology trade secrets); N.J.S.A. 47:1A-3(a) (limiting access to records of ongoing investigations); N.J ... court order and criminal investigatory records, and certain autopsy reports); N.J.S.A. 47:1A-3(a) (exempting records of investigations in progress). Moreover, suggesting that ...

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

10 LIBERTARIANS FOR TRANSPARENT GOVERNMENT, A NJ NONPROFIT CORPORATION v. THE OCEAN COUNTY PROSECUTOR'S OFFICE -- rank: 756

... a document.5 See N.J.S.A. 5 Similarly, N.J.S.A. 47:1A-3 requires the production of information. The statute provides that a ... must 'make available' certain defined 'information concerning a criminal investigation.' N.J.S.A. 47:1A-3(b). Our Supreme Court has observed that the plain text of N.J.S.A. 47:1A-3(b) requires the disclosure of 'information and not the release ...

docket:	a1608-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-05
status:	unpublished
citation:
Document Size:	77526

11 NEWARK MORNING LEDGER CO. v. NEW JERSEY SPORTS & EXPOSITION AUTHORITY -- rank: 746

... record. Ibid. Separately exempted are records of investigations in progress, N.J.S.A. 47:1A-3, and personnel and pension records, N.J.S.A. 47 ...

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

12 DOUGLAS F. CIOLEK, ESQ v. TOWNSHIP OF ROXBURY -- rank: 739

... of the firm's request for the investigation reports violated N.J.S.A. 47:1A- 3(a) because the denial did not indicate the reports related ... if the investigative reports related to a criminal investigation, under N.J.S.A. 47:1A- 3(a). The law firm alleged that even if the Township ... over at least part of the investigative reports pursuant to N.J.S.A. 47:1A-3(b). The law firm sought production of all investigative reports ... argued access to the records was not denied pursuant to N.J.S.A. 47:1A-3(a) based on an investigation in progress but because the ... trial court also rejected Ciolek's claim that pursuant to N.J.S.A. 47:1A-3(b), the Township was required to disclose at least 'certain ... J.S.A. 47:1A- - 1.1 'is qualified' by N.J.S.A. 47:1A-3(b)'s disclosure requirements pertaining to ongoing criminal investigations. ...

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

13 John Paff v. Galloway Township -- rank: 715

... records would “be inimical to the public interest.” N.J.S.A. 47:1A-3(a). OPRA also authorizes a public agency to deny a ...

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

14 /usr/local/share/www/libweb/collections/courts/appellate/a0239-21.opn.html -- rank: 710

... information required to be produced under subsection 3(b) of N.J.S.A. 47:1A-3 (3(b) Information). The City provided some information but withheld ... to provide the additional information required to be disclosed under N.J.S.A. 47:1A-3(b). In addition to the City, plaintiff named as defendants ... the City had appropriately invoked an exemption from disclosure under N.J.S.A. 47:1A- -3(b) to justify the withholding of certain information concerning aggravated ... camera by the City and concluded that an exemption under N.J.S.A. 47:1A-3(b) applied. Because that was a legal conclusion, we review ... as soon as practicable, of a request for such information[.]' N.J.S.A. 47:1A- 3(b). That subsection goes on to provide that where a ... information nor 'issue a brief statement explaining the decision.' See N.J.S.A. 47:1A-3(b). The City seeks to justify its inadequate responses ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21093

15 /usr/local/share/www/libweb/collections/courts/appellate/a1661-18.opn.html -- rank: 698

... the County's position that the exemption for ongoing investigations, N.J.S.A. 47:1A-3(a), also shielded the settlement A-1661-18T2 6 agreement ... any investigation, the exemption in OPRA for investigations in progress, N.J.S.A. 47:1A-3(a), did not apply, citing Serrano v. South Brunswick Township ...

docket:
court:
decided:
status:
citation:
Document Size:	55965