In a recent decision, the Appellate Division of the New Jersey Superior Court confirmed that the state’s Open Public Records Act (OPRA) only applies to true “public entities.” The court rejected the notion that a for-profit corporation could fall under OPRA simply because it performs taxpayer-funded, governmental activities. The Facts
Martell’s Tiki Bar’s Legal Challenge to a Point Pleasant Beach ordinance that would have restricted its operating hours is moot because the borough subsequently rescinded the measure, according to a New Jersey Superior Court ruling. The court further concluded that because the bar suffered no damages due to the ordinance, attorney’s
A New Jersey court recently held that law enforcement records related to police complaints that do not ultimately lead to criminal charges are not subject to the New Jersey Open Public Records Act (OPRA). In these cases, the court reasoned that privacy interests take precedence over the public right to
Some businesses in the City of Camden will have to close their doors at 11 p.m. The Appellate Division of the New Jersey Superior Court recently upheld a local ordinance that requires businesses located within residential zones or located less than 200 feet from a residential zone to shutter their
In a recent decision, the Appellate Division of the New Jersey Superior Court further clarified the law surrounding voter initiatives under the Faulkner Act. The case, Redd v. Bowman, examined whether an initiative to prohibit the City of Camden from disbanding its police department and join a county force, impermissibly
In Ganzweig v. Township of Lakewood, the court clarified how the New Jersey Open Public Records Act (OPRA) applies to documents that are part of an internal affairs investigation. The decision makes it clear that records are not automatically exempt from OPRA simply because they are being used as part
While many New Jersey police officers work extra hours, holding elected office is not a permissible second job. In Adair v. Wildwood, the Appellate Division of the New Jersey Superior Court recently ruled that Wildwood police officer Gary DeMarzo could not also serve as the city’s mayor. The Facts of
The Appellate Division of the New Jersey Superior Court recently rejected arguments that Atlantic City Alliance, Inc. should be considered a public entity for the purposes of the state’s Open Public Records Act (OPRA). The court ruled that the marketing coalition is a private entity involved in a partnership with
