Tag: OPRA

New Jersey Appeals Court Rules Port Authority Not Subject to OPRA

The Port Authority of New York and New Jersey is exempt from the requirements of the New Jersey Open Public Records Act, according to a New Jersey appeals court. The court reasoned that because the Port Authority is an instrumentality of the two states, it is not considered an “agency”

OPRA Update: Court Highlights Limits of Attorney-Client Privilege

A recent decision by the Appellate Division reminds New Jersey public bodies that they cannot broadly cite attorney-client privilege to avoid providing documents in response to a request made under the Open Public Records Act (OPRA). In Hyman v. City of Jersey City, the court chastised the municipality for its

Does A Public Record Have to be Readable to be Subject to Release under OPRA?

The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent decision, Superior Court Judge Yolanda Ciccone ruled that data does not need to be readable to qualify as a public record.   The Facts of the Case The New Jersey OPRA lawsuit was filed

OPRA Cases Clarify Availability of Attorney’s Fees for Prevailing Parties

Under New Jersey’s Open Public Records Act (OPRA), a requestor who prevails in any proceeding brought under the law is entitled to a reasonable attorney’s fee. The Appellate Division recently clarified what happens when a party only achieves limited success in a lawsuit. The Facts of the Case Wolosky v.