HARTZ MOUNTAIN v. N.J. SPORTS & EXPOSITION AUTH.


848 A.2d 793 (2004)

369 N.J. Super. 175

HARTZ MOUNTAIN INDUSTRIES, INC., on its own behalf and on behalf of the joint venture known as "Expo Park," Plaintiff-Appellant, v. NEW JERSEY SPORTS & EXPOSITION AUTHORITY, The Mills Corporation, and Mack-Cali Realty Corporation, Defendants-Respondents. Elliot Braha, individually and on behalf of a class of similarly situated members, Plaintiff-Appellant, v. New Jersey Sports & Exposition Authority, The Mills Corporation, and Mack-Cali Realty Corporation, Defendants-Respondents. In the Matter of the NJSEA's Denial of the December 2, 2003, January 2, 2004, and February 5, 2004, Requests for Public Records Filed Pursuant to the Open Public Records Act ("OPRA"), N.J.S.A. 47:1-1 et seq. by Hartz Mountain Industries, Inc.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2004.


Attorney(s) appearing for the Case

Justin P. Walder, Roseland, and Irwin A. Horowitz, Secaucus, argued the cause for Hartz Mountain Industries, Inc. (Walder, Hayden & Brogan and Horowitz, Rubino & Patton, attorneys; Messrs. Walder and Horowitz, of counsel; Shalom D. Stone, D. Mark Leonard, and Asaad K. Siddiqi, on the brief).

Timothy J. O'Neill, Princeton, argued the cause for New Jersey Sports & Exposition Authority (Windels Marx Lane & Mittendorf, attorneys; Mr. O'Neill, of counsel and on the brief; Charles M. Fisher, Xan K. Desch, Craig D. Gottila, and Ellen M. Christoffersen, on the brief).

Michael R. Cole, Teaneck, argued the cause for The Mills Corporation and Mack-Cali Realty Corporation (DeCotiis, FitzPatrick, Cole & Wisler, attorneys; Mr. Cole, of counsel; Benjamin Clarke and Gregory J. Bevelock, on the brief).

Barry D. Epstein, Rochelle Park, argued the cause for Elliot Braha individually and on behalf of a class (Epstein Beirne, attorneys; Mr. Epstein and Alice Beirne, on the brief).

Peter J. Herzberg, Morristown, argued the cause for Westfield Corporation (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Herzberg, on the brief).

Before Judges PRESSLER, ALLEY and R.B. COLEMAN.


The opinion of the court was delivered by PRESSLER, P.J.A.D. (retired and temporarily assigned on recall).

This litigation arises out of the award of a bid and subsequent contract by New Jersey Sports & Exposition Authority (NJSEA) to defendants The Mills Corporation and Mack-Cali Realty Corporation (MMC) for a massive multi-use development, denominated the Meadowlands Xanadu, to be constructed and operated at and around...

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