Colts Neck files “first strike” suit in OPRA matter

UPDATE (Sept. 14, 2016):  Colts Neck has had a change of heart regarding its lawsuit to have the records declared not public. They have decided to not pursue the lawsuit and have produced the records. ————-   Colts Neck Township has filed a declaratory action seeking a court ruling as to whether a report relating Read More …

NJ Supreme Court to decide who has a right to sue

The New Jersey Supreme Court has agreed to hear an appeal of the Appellate Division’s December 18, 2015 ruling that only requestors can file an OPRA lawsuit, or rather, that there is no declaratory judgment action for public agencies with regard to records requests.   A-68-15 In the Matter of the New Jersey State Fireman’s Read More …

NJ Appellate Court says only a requestor can sue under OPRA. NJ Supreme Court to hear appeal.

UPDATE (8/8/2017):  The NJ Supreme Court issued its decision on August 3, 2017. NJFOG is working on a summary of the ruling and will post it soon. UPDATE (5/2/2016):  The NJ Supreme Court has agreed to hear the Firemen’s Association’s appeal of the Appellate Division’s ruling that only requestors and not custodians can file an Read More …

Middlesex County Court rules only a records requestor can sue under OPRA

This case is one of at least five such lawsuits initiated by public agencies that are currently being litigated.  The five cases are summarized in this post. UPDATE (12/18/2015):  For NJ Appellate Court ruling, see https://njfog.org/2015/12/18/2707/. —– This May, NJFOG shared a post by John Paff about a lawsuit filed by the Middlesex County Prosecutor’s Office Read More …

Appellate Court to rule on who can file an OPRA lawsuit

UPDATE (12/18/2015):  For NJ Appellate Court ruling, see https://njfog.org/2015/12/18/2707/. — What has come to be called “first strikes” or “pre-emptive strikes” by public agencies is a hot topic these days with a growing number of records requestors finding themselves as unwitting defendants in court actions initiated by public agencies. Since the OPRA statute mandates reimbursement Read More …