Category: Open Public Records Act

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

NJ Appeals Court Approves Use of “Glomar Response” to OPRA Requests

The Appellate Division of the New Jersey Superior Court recently held that government agencies are entitled to “neither confirm nor deny” the existence of public records requested under the New Jersey Open Public Records Act (OPRA). While the federal government frequently relies on the so-called “Glomar response,” this is the

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

A divided New Jersey appeals court recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the Open Public Records Act (OPRA). However, it is likely that the Supreme Court of New Jersey will have the final word on

Gov. Christie Vetoes Airbnb Bill to Tax Short-Term Rentals

Can Non-New Jersey Residents Pursue OPRA Violations?

A New Jersey Superior Court judge recently addressed whether a non-resident of New Jersey has standing to bring actions to enforce the state’s Open Public Records Act. In Scheeler v. Ocean County Prosecutor’s Office, Judge Judge Mark A. Troncone rejected the standing defense raised by the Ocean County Prosecutor’s Office.

Third Circuit Addresses School Board’s Liability for Sexual Harassment

Raritan Settles OPRA Lawsuit for Record $650K

The Borough of Raritan recently settled a lawsuit involving the New Jersey Open Public Records Act (OPRA) for $650,000, according to media reports. The settlement is believed to be the largest involving violations of the state’s public records law.  As previously discussed on the Scarinci Hollenbeck Government & Law Blog,

NJ Appeals Court Rules Records Custodian Can’t Bring DJ Action

NJ Appeals Court Rules Records Custodians Can’t Bring DJ Action

Records custodians can’t go on the offensive when facing suit under the Open Public Records Act, according to a New Jersey appeals court. In Jeff Carter v. John Doe, the Appellate Division of the New Jersey Superior Court held that a records custodian may not bring a declaratory judgment action

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court: Settlement Agreements Properly Redacted Under OPRA

In C.G. et al v. Winslow Township Board of Education, a New Jersey court held that initials and docket numbers were properly redacted from settlement agreements under the Open Public Records Act (OPRA). The case involved the interplay of OPRA and the Family Educational Rights and Privacy Act, a federal

Third Circuit Holds Media Not Entitled to Court Docs in Bridgegate Case

Year in Review: OPRA Developments for 2015

As the year winds down, we will be taking a look back at the public law issues that impacted New Jersey municipalities. With regard to the state’s Open Public Records Act (OPRA), there were a number of legal developments, several of which involved the increased use of technology. In case