NORTH JERSEY MEDIA v. LYNDHURST

DOCKET NO. A-2523-14T1

116 A.3d 570 (2015)

441 N.J. Super. 70

NORTH JERSEY MEDIA GROUP, INC., Plaintiff-Respondent, v. TOWNSHIP OF LYNDHURST, Helen Polito, RMC, in her capacity as the Custodian of Records for the Township of Lyndhurst, Borough of North Arlington, Kathleen Moore, in her capacity as the Custodian of Records for the Borough of North Arlington, Borough of Rutherford, Margaret M. Scanlon, RMC, in her capacity as the Custodian of Records for the Borough of Rutherford, Bergen County Police Department, Captain Uwe Malakas, in his capacity as Custodian of Records for the Bergen County Police Department, New Jersey State Police and Sergeant Harry Rocheskey, in his capacity as Custodian of Records for the New Jersey State Police, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 2015.


Attorney(s) appearing for the Case

Jeffrey S. Jacobson , Director, Division of Law, argued the cause for appellants New Jersey State Police and Sergeant Harry Rocheskey ( John J. Hoffman , Acting Attorney General, attorney; Mr. Jacobson and Raymond R. Chance, III , Assistant Attorney General, of counsel; Daniel M. Vannella , Deputy Attorney General, on the briefs).

Richard J. DiLascio , Lyndhurst, attorney for appellants Township of Lyndhurst and Helen Polito, joins in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.

Rubenstein, Meyerson, Fox, Mancinelli, Conte & Bern, P.A., Montvale, attorneys for appellants Borough of North Arlington and Kathleen Moore, join in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.

LaPorta & LaPorta, attorneys for appellants Borough of Rutherford and Margaret M. Scanlon, join in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.

Julien X. Neals , Bergen County Counsel, attorney for appellants Bergen County Police Department and Captain Uwe Malakas, joins in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.

Samuel J. Samaro , Hackensack, argued the cause for respondent North Jersey Media Group Inc. ( Pashman Stein and Jennifer A. Borg , Woodland Park, attorneys; Mr. Samaro and Ms. Borg, of counsel; Mr. Samaro and CJ Griffin, on the briefs).

American Civil Liberties Union of New Jersey, attorneys for amicus curiae American Civil Liberties Union of New Jersey ( Edward Barocas , Jeanne LoCicero and Iris Bromberg , on the brief).

Loccke, Correia & Bukosky, attorneys for amicus curiae State Troopers Fraternal Association and Bergen County Policemen's Benevolent Association Conference ( Michael A. Bukosky , on the brief).

Before Judges MESSANO, OSTRER and SUMNERS.


The opinion of the court was delivered by

This appeal, by leave granted, concerns the public's right to access records pertaining to a criminal investigation under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right to inspect government records. The Attorney General — on behalf...

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