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FISHER v. DIVISION OF LAW

Nos. A-2288-06T3, A-2448-06T3.

946 A.2d 53 (2008)

400 N.J. Super. 61

Janon FISHER, Complainant-Appellant, v. DIVISION OF LAW, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 2008.

Attorney(s) appearing for the Case

McCusker, Anselmi, Rosen & Carvelli, Chatham, and American Civil Liberties Union of New Jersey Foundation, attorneys for appellant (Edward L. Barocas, of counsel; Bruce S. Rosen, on the brief).

Anne Milgram, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Mary Beth Wood, Deputy Attorney General, on the brief).

Trenk, DiPasquale, Webster, West Orange, Della Fera, Sodono, attorneys for respondent Government Records Council (Meaghan Tuohey-Kay, on the statement in lieu of brief).

Before Judges SKILLMAN, WINKELSTEIN and LEWINN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, authorizes a public agency to impose a "special service charge" if a response to a request for production of government records will involve an "extraordinary expenditure of time and effort." N.J.S.A. 47:1A-5(c). However, this charge must be "reasonable." Ibid. The primary issue presented by this appeal is whether it...

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