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 …

NJPA court brief challenges a public agency’s right to sue under OPRA

UPDATE (12/18/2015):  For NJ Appellate Court ruling, see https://njfog.org/2015/12/18/2707/. — The New Jersey Press Association (NJPA) has filed an amicus brief challenging a records custodian’s ability to file a declaratory judgment lawsuit in response to an Open Public Records Act (OPRA) request. “It addresses the prickly issue of whether public agencies can initiate lawsuits under Read More …

CASE SUMMARY: New Jersey State Firemen’s Association (NJSFA) v. Jeff Carter

Case Name:  New Jersey State Firemen’s Association (NJSFA) v. Jeff Carter Docket Number:  NJ Supreme Court Docket No. 077097, Appellate A-2810-13T2, Trial Court Docket No. UNN-L-2932-13 County / Vicinage:  Union Filing Date:  August 15, 2013 Judge:  Chrystal, Lisa F. (at trial level) Status:  Closed.   Overview: The requestor, NJSFA member Jeff Carter of Franklin Township, Somerset County, Read More …