PAFF v. GALLOWAY TP.

Docket No. A-0125-14T4.

134 A.3d 42 (2016)

444 N.J.Super. 495

John PAFF, Plaintiff-Respondent, v. GALLOWAY TOWNSHIP and Thalia C. Kay, in her capacity as Municipal Clerk and Records Custodian of Galloway Township, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 2016.


Attorney(s) appearing for the Case

Michael J. Fitzgerald , Linwood, argued the cause for appellants ( Fitzgerald McGroarty , attorneys; Mr. Fitzgerald, on the briefs).

Walter M. Luers argued the cause for respondent (Walter M. Luers, LLC and Furst & Lurie, attorneys; Mr. Luers, Joshua M. Lurie , Montclair, and Raymond M. Baldino , of counsel and on the joint brief).

Vito A. Gagliardi, Jr. , argued the cause for amicus curiae New Jersey State Association of Chiefs of Police (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Gagliardi, of counsel and on the brief; Phillip C. Bauknight , Morristown, on the brief).

Christopher J. Michie argued the cause for amicus curiae American Civil Liberties Union of New Jersey and the Electronic Frontier Foundation (Clark Michie, LLP, attorneys; Mr. Michie, Edward L. Barocas , and Jeanne LoCicero , on the joint brief).

Carl R. Woodward, III , argued the cause for amicus curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (Carella, Byrne, Cecchi, Olstein, Brody & Agnello, attorneys; Mr. Woodward, on the brief).

Before Judges REISNER, HOFFMAN and LEONE.


The opinion of the court was delivered by

Defendants Galloway Township (the Township) and Thalia C. Kay (the Clerk) appeal from a June 10, 2014 Law Division order requiring them to provide plaintiff John Paff with logs of emails, pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Because OPRA...

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