NJBA v. N.J. COAH


915 A.2d 23 (2007)

390 N.J. Super. 166

NEW JERSEY BUILDERS ASSOCIATION, Plaintiff-Appellant, v. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, an agency of the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 2007.


Attorney(s) appearing for the Case

Thomas F. Carroll, III, Princeton, argued the cause for appellant New Jersey Builders Association (Hill Wallack, attorneys; Mr. Carroll, on the brief).

Pamela E. Gellert, Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing (Zulima V. Farber, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Gellert, on the brief).

Thomas J. Cafferty, Lyndhurst, argued the cause for amicus curiae New Jersey Press Association (Scarinci & Hollenbeck, attorneys; Mr. Cafferty, of counsel; Nomi I. Lowy, on the brief).

Before Judges STERN, GRALL and KING.


The opinion of the court was delivered by

GRALL, J.A.D.

Plaintiff New Jersey Builders Association (NJBA) filed an action in the Law Division to obtain public records held by defendant New Jersey Council on Affordable Housing (COAH), Department of Community Affairs. NJBA asserted rights of access under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law. NJBA alleged that "without any legal justification," COAH said it would...

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