New Jersey Court Clarifies What Constitutes “Overbroad” OPRA Request

A New Jersey appeals court recently clarified what constitutes an “overbroad” request under the state’s Open Public Records Act. The OPRA request involved “EZ Pass benefits afforded to retirees of the Port Authority, including all … correspondence between the Office of the Governor … and the Port Authority.” While the

Donald Trump Secures Helipad Over New Jersey Township’s Objections

Donald Trump can now claim victory in the boardroom and the courtroom. A New Jersey appeals court recently ruled that Trump can build a helipad at his golf course in Colts Neck over the objections of the Township’s Zoning Board of Adjustment. The Facts of the Case Application of Trump

Proposed OPRA Amendment Would Redact E-mail Addresses from Public Records

E-mail addresses could soon be a thing of the past when it comes to New Jersey’s Open Public Records Act. The state Assembly recently passed legislation (A-1280) that would include e-mail addresses in the list of confidential items to be redacted from public records under OPRA. OPRA currently provides a

New Jersey Department of Health Certificate Of Need Memos Exempt From OPRA

A New Jersey appeals court recently ruled that a draft report prepared by staff within the New Jersey Department of Health concerning a hospital’s application for a certificate of need is exempt from disclosure under state’s Open Public Records Act. The court specifically found that the requested documents were fully

Hurricane Sandy’s Impact on OPRA Requests

Hurricane Sandy has turned many New Jersey municipalities upside down. Although many are trying to conduct business as usual, routine tasks such as complying with requests under New Jersey’s Open Public Records Act have often become more difficult. To address concerns, the New Jersey Government Records Council has issued an

New Jersey Appeals Court Finds Decision to Demolish Rests With Fire Chief

The Appellate Division recently considered whether a business owner was entitled to notice before the City of Bridgeton’s fire chief ordered its fire-damaged building to be demolished. The court found that the fire chief had the sole authority to direct operations at the fire scene and acted within his statutory

New Jersey Supreme Court to Consider OPRA Case

The New Jersey Supreme Court has agreed to consider an Open Public Records Act case involving the law’s interplay with the attorney work-product privilege and common interest rule. The question before the court is whether these doctrines exempt documents from disclosure under OPRA. In O’Boyle v. Borough of Longport, Plaintiff Martin

Financing Options for Municipalities Impacted by Hurricane Sandy

Municipalities across New Jersey continue to deal with the unprecedented clean up costs of Hurricane Sandy. To ease the burden, the New Jersey Department of Community Affairs, Division of Local Government Services, continues to provide updates on funding mechanisms that may assist in financing infrastructure repair costs related to the