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NORTH JERSEY NEWSPAPERS v. PASSAIC COUNTY

127 N.J. 9 (1992)

601 A.2d 693

NORTH JERSEY NEWSPAPERS COMPANY, PLAINTIFF-APPELLANT, v. PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 5, 1992.

Attorney(s) appearing for the Case

Thomas J. Cafferty argued the cause for appellant (McGimpsey & Cafferty, attorneys; Thomas J. Cafferty, Alexander F. McGimpsey, Jr., and Arlene M. Turinchak, on the briefs).

Raymond P. Vivino, Passaic County Counsel, argued the cause for respondent (Raymond P. Vivino, attorney; Michael H. Glovin, Assistant County Counsel, on the briefs).

Eric Neisser argued the cause for amicus curiae American Civil Liberties Union.

Edward J. Dauber, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Edward J. Dauber and William Harla, Assistant Attorney General, of counsel; Mark J. Fleming, Deputy Attorney General, on the briefs).

The opinion of the Court was delivered by O'HERN, J.

This case concerns the public's right of access to telephone toll-billing records under the Right-to-Know Law, N.J.S.A. 47:1A-1 to -4. That Act grants citizens unrestricted access to all records of governmental action that are "required by law to be made, maintained or kept on file." Because a public record of the identity of persons called is not required by law to be "made, maintained or kept on file,"...

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