SCHEELER v. MUNI'L JOINT INS. FUND

Docket No. A-2092-15T2 A-2704-15T2 A-2716-15T2.

186 A.3d 930 (2018)

454 N.J. Super. 621

Harry SCHEELER, Plaintiff-Respondent v. ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND, Arthur J. Gallagher Risk Management Services, Inc., in its capacity as the Fund Administrator, and Paul J. Miola, in his capacity as the Custodian of Records for Atlantic County Municipal Joint Insurance Fund, Defendants-Appellants. Lawyers' Committee for Civil Rights Under Law, a non-profit organization located in Washington, D.C., Plaintiff-Appellant v. Atlantic City Board of Education, a public agency formed under the laws of the State of New Jersey and Angela Brown, in her professional capacity as Records Custodian for the Atlantic City of Board of Education, Defendants-Respondents. Harry Scheeler, Plaintiff-Appellant v. City of Cape May and Louise Cumminskey, in her capacity as Records Custodian for the City of Cape May, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2018.


Attorney(s) appearing for the Case

Birchmeier & Powell, LLC, attorneys for appellants in A-2092-15 ( James R. Birchmeier , Tuckahoe, on the briefs).

American Civil Liberties Union of New Jersey Foundation, attorneys for appellant in A-2704-15 ( Iris Bromberg , Edward L. Barocas , and Jeanne LoCicero , on the briefs).

Pashman Stein Walder Hayden, PC, attorneys for respondent (in A-2092-15) and appellant (in A-2716-15) Harry Scheeler ( CJ Griffin , of counsel and on the brief; Suzanne Bradley , on the briefs).

Birchmeier & Powell, LLC, attorneys for respondents in A-2716-15 ( Anthony P. Monzo and Louis A. DeLollis , on the brief).

Law Offices of Riley and Riley, attorneys for respondent in A-2704-15 ( Tracy L. Riley and Rachel M. Conte , on the brief).

McCusker, Anselmi, Rosen & Carvelli, PC, attorneys for amici curiae The Reporters Committee for Freedom of the Press and 18 Media Organizations in A-2092-15 ( Bruce Brown , Katie Townsend , and Adam A. Marshall , of counsel; Bruce S. Rosen , on the brief).

William J. Kearns, Jr. , General Counsel, for amici curiae New Jersey State League of Municipalities and Municipal Clerks Association of New Jersey in A-2716-15 ( Edward Purcell , Associate Counsel, Morristown, on the brief).

Law Offices of Walter M. Luers, LLC, attorneys for amici curiae The Coalition for Sensible Public Records Access and The National Association of Professional Background Screeners in A-2716-15 ( Walter M. Luers and Raymond M. Baldino , of counsel and on the brief).

Before Judges Reisner, Hoffman, and Mayer.


The opinion of the court was delivered by

These three appeals, which we consolidated for purposes of this opinion, present the same issue: Does a person who is not a resident or domiciliary of New Jersey have standing to file a request for public records under the Open Public Records Act (OPRA), or are rights under OPRA...

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