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HIGG-A-RELLA, INC. v. COUNTY OF ESSEX

276 N.J. Super. 183 (1994)

647 A.2d 862

HIGG-A-RELLA, INC., T/A STATE INFORMATION SERVICE, BLAU APPRAISAL COMPANY, AND ROBERT D. BLAU, PLAINTIFFS-APPELLANTS, v. COUNTY OF ESSEX, A POLITICAL SUBDIVISION OF THE STATE OF NEW JERSEY, BOARD OF TRUSTEES OF ESSEX COUNTY COLLEGE, THE ESSEX COUNTY BOARD OF TAXATION, AND THE MAYORS, COUNCILS, AND ASSESSORS OF THE FOLLOWING ESSEX COUNTY MUNICIPALITIES, TOWNSHIP OF BELLEVILLE, TOWNSHIP OF BLOOMFIELD, TOWNSHIP OF CALDWELL, TOWNSHIP OF CEDAR GROVE, CITY OF EAST ORANGE, TOWNSHIP OF ESSEX FELLS, TOWNSHIP OF FAIRFIELD, TOWNSHIP OF GLEN RIDGE, TOWNSHIP OF IRVINGTON, TOWNSHIP OF LIVINGSTON, TOWNSHIP OF MAPLEWOOD, TOWNSHIP OF MILLBURN, TOWNSHIP OF MONTCLAIR, CITY OF NEWARK, TOWNSHIP OF NORTH CALDWELL, CITY OF ORANGE, TOWNSHIP OF ROSELAND, TOWNSHIP OF SOUTH ORANGE VILLAGE, TOWNSHIP OF VERONA, TOWNSHIP OF WEST CALDWELL, TOWNSHIP OF WEST ORANGE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1994.

Attorney(s) appearing for the Case

Robert D. Blau argued the cause for appellants (Blau & Blau, attorneys; Mr. Blau, on the brief).

Julian F. Gorelli, Deputy Attorney General, argued the cause for respondent Essex County Board of Taxation (Deborah T. Poritz, Attorney General, attorney; Mark J. Fleming, Assistant Attorney General, of counsel; Mr. Gorelli, on the brief).

All other respondents relied on the brief filed by the Attorney General.

Before Judges J.H. COLEMAN, MUIR, Jr. and PAUL G. LEVY.

The opinion of the court was delivered by LEVY, J.S.C. (temporarily assigned).

Relying on the public records doctrine, plaintiffs sought a computer readable copy of the Essex County property tax assessment lists from the Essex County Board of Taxation. The board agreed to provide a copy of the official lists on paper but refused plaintiffs' demand for an electronic copy. On cross-motions for summary judgment, the trial judge ruled for defendants. On appeal, we reverse...

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