Monday, October 25, 2010
The New Jersey Appellate Division has reversed a trial court decision that the Rutgers Environmental Law Clinic was not subject to the state's Open Public Records Act ("OPRA").
The plaintiffs had sought documents relating to the clinic's finances and its representation of two private citizens' groups that were opposing the proposed development of an outlet mall.
The court here concluded that the trial court erred in exempting the clinic from OPRA and remanded to the trial court for a determination whether specific documents are exempt from disclosure under the definition of "public records." The trial court also must determine if records should be disclosed under a common lasw right to access. (Mike Frisch)