The New Jersey Open Public Meeting Act (“OPMA”) does not contain a fee-shifting provision that would allow a plaintiff who brings a successful enforcement action to recover his/her legal costs. However, an ongoing OPMA lawsuit is relying on a novel legal theory to recover counsel fees under the fee-shifting provision contained
The Appellate Division of the New Jersey Superior Court recently held that Kean University violated the state’s Open Public Meetings Act (OPMA) when it terminated a faculty member. In Kean Federation of Teachers v. Ada Morell, Bd. Of Trustees of Kean University, the appeals court found that the college violated
A New Jersey Court recently refused to dismiss a suit against the City of Orange Board of Education alleging violations of the Open Public Meeting Act (OPMA). It found that a teacher could sustain a claim alleging that board had engaged in private discussions regarding her employment outside of the
In Opderbeck v. Midland Park Board of Education, the Appellate Division of the New Jersey Superior Court addressed the requirements for an agenda subject to the New Jersey Open Public Meetings Act (OPMA). The appeals court overturned a trial court decision holding that a school board’s bare-bones agenda violated the
The Appellate Division recent held that the Borough of Closter did not engage in “spot zoning” when it increased the allowable square footage for commercial establishments in its business district. The Mayor and Council’s adoption of a zoning ordinance in The Great Atlantic & Pacific Tea Co. Inc. v. Borough
It is not enough to release an agenda prior to a public meeting. In order to comply with the Open Public Meetings Act (OPMA), the documents must be meaningful, according to a recent decision by a New Jersey Superior Court judge. In Opderbeck v. Midland Park Board of Education, Bergen
The Appellate Division recently ordered two school officials to reimburse their district for legal fees when the school board improperly instituted legal action on their behalf. It concluded that a defamation lawsuit was not brought in the interest of the Elizabeth Board of Education, but rather, in the interest of
Changes could be in store for New Jersey’s open government laws in 2013. Senate Majority Leader Loretta Weinberg, D-Teaneck, recently reintroduced amendments to New Jersey’s Open Public Meetings Act (OPMA). As we previously discussed on this New Jersey Government & Law Blog, Weinberg’s previous effort to amend the law stalled
