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McGOVERN v. RUTGERS

A-113 September Term 2010, 067787

47 A.3d 724 (2012)

211 N.J. 94

Francis J. McGOVERN, Jr., Esq., Plaintiff-Respondent, v. RUTGERS, the State University of New Jersey, Rutgers' Board of Governors and M. William Howard, Jr., in his Official Capacity as Chair of the Rutgers Board of Governors Only, Defendants-Appellants.

Supreme Court of New Jersey.

Decided July 25, 2012.

Attorney(s) appearing for the Case

John J. Peirano argued the cause for appellants (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Peirano , Paula M. Castaldo and David M. Alberts , Morristown, on the briefs).

Francis J. McGovern, Jr. , argued the cause pro se.

John P. Bender , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , of counsel).

John J. Burns argued the cause for amicus curiae New Jersey School Boards Association ( Cynthia J. Jahn , General Counsel, attorney).

Edward L. Barocas , Legal Director, argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation (Mr. Barocas, Jeanne LoCicero and Bobby D. Connor , on the brief).

Judge WEFING (temporarily assigned) delivered the opinion of the Court.

In this appeal we are called upon to consider the extent to which the Board of Governors of Rutgers, the State University (University), has complied with the requirements of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, and, if its compliance has been deficient, the extent to which plaintiff is entitled to a judicial remedy. Plaintiff Francis McGovern is an alumnus of the...

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