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J.O. v. TP. OF BEDMINSTER

DOCKET NOS. A-1838-11T3, A-3182-11T3

77 A.3d 1242 (2013)

433 N.J. Super. 199

J.O., Plaintiff-Appellant, v. TOWNSHIP OF BEDMINSTER, Nanci Arraial, County of Somerset, Borough of Westwood, and Robert Saul, Defendants-Respondents. J.O., Plaintiff-Respondent, v. Township of Bedminster and Nanci Arraial, Defendants-Appellants, and County of Somerset, Borough of Westwood, and Robert Saul, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 2013.

Attorney(s) appearing for the Case

Joseph Oettinger, Jr. , Westwood, argued the cause for appellant in A-1838-11 and respondent in A-3182-11.

Richard J. Guss , Warren, argued the cause for Township of Bedminster and Nancy Arraial, respondents in A-1838-11 and appellants in A-3182-11 (DiFrancesco , Bateman , Coley , Yospin , Kunzman , Davis , Lehrer & Flaum, P.C., attorneys; Mr. Guss, on the briefs).

Scott D. Rodgers , Deputy County Counsel, argued the cause for respondent County of Somerset in A-1838-11 (William T. Cooper, III, Somerset County Counsel, attorney; Mr. Rodgers, on the brief).

Mary C. McDonnell argued the cause for respondents Robert Saul & Borough of Westwood in A-1838-11 (Pfund McDonnell, P.C., attorneys; Ms. McDonnell and David T. Pfund, Morris Plains, on the brief).

The opinion of the court was delivered by

ESPINOSA, J.A.D.

Although it was enacted in 1979, there are no published opinions that interpret or apply the Subpoena First Act, N.J.S.A. 2A:84A-21.9 to -21.13 (the Act),1 which has been described as "narrowly circumscrib[ing] the situations in which the State can properly search and seize materials acquired in the course of newsgathering." In re Woodhaven Lumber and Mill Work, 123 N.J. 481

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