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ASBURY PARK PRESS v. COUNTY OF MONMOUTH

Nos. A-3567-07T2, A-3626-07T2.

966 A.2d 75 (2009)

406 N.J. Super. 1

ASBURY PARK PRESS, Plaintiff-Appellant, v. COUNTY OF MONMOUTH and Carol Melnick, Defendants-Respondents. John Paff, Plaintiff-Appellant, v. Monmouth County and James Gray, in his Capacity as the Monmouth County Custodian of Records, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 2009.

Attorney(s) appearing for the Case

Darren Dapas argued the cause for appellant Asbury Park Press (Lanfrit & Tullio, attorneys; Michelle M. Tullio, Somerset, and Mr. Dapas, on the brief).

Walter M. Luers argued the cause for appellant John Paff.

Linda Grasso Jones, Matawan, argued the cause for respondents County of Monmouth and James Gray (Cleary, Alfieri & Jones, attorneys; Ms. Jones, of counsel and on the brief).

Wong Fleming, attorneys for respondent Carol Melnick, joined in the brief filed by respondents County of Monmouth and James Gray.

Before Judges SKILLMAN, GRALL and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.S.C. (temporarily assigned).

In these consolidated appeals, we consider whether the County of Monmouth may withhold public disclosure of its agreement with an employee to settle her sexual harassment and discrimination lawsuit. The trial court ruled that neither the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, nor the public's common law right...

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