A Message from the New Jersey Foundation for Open Government

Atlantic County Judge says public agencies can’t sue under OPRA!


A judge in Atlantic County has just held that public agencies cannot sue records requestors for declarations that the records sought are not subject to the Open Public Records Act (OPRA). The court affirmed that only the requestor can sue under OPRA and awarded attorney’s fees to the defendant-requestor!
Click HERE to see the opinion and order in the case, Township of Hamilton v. Scheeler et al.
The action arose following an OPRA request for surveillance video footage from the Township of Hamilton.  Instead of granting or denying the request, the Township filed a lawsuit seeking relief from its obligation to respond.  See the court decision for more!
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