A judge in Atlantic County has held that public agencies cannot sue requestors for declarations that the records sought are not subject to OPRA. The court affirmed that only the requestor can sue under OPRA and awarded attorney’s fees to the defendant-requestor!
Click HERE to see the written opinion and order in the case, Township of Hamilton v. Scheeler et al.
The action arose following an OPRA request for surveillance video footage from the Township of Hamilton. Instead of granting or denying the request, the Township filed a lawsuit seeking relief from its obligation to respond. See the court decision for more!
Here is an article on the case.
Failed lawsuit by Hamilton could cost taxpayers $75,000