DIGITAL FIRST MEDIA v. EWING TP.

DOCKET No. A-5779-17T2.

226 A.3d 1214 (2020)

462 N.J. Super. 389

DIGITAL FIRST MEDIA, d/b/a The Trentonian, Plaintiff-Appellant, v. EWING TOWNSHIP and Kim J. Macellaro, RMC, in her capacity as Municipal Clerk and Records Custodian for Ewing Township, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Reargued November 21, 2019.

Decided February 19, 2020.


Attorney(s) appearing for the Case

CJ Griffin argued the cause for appellant (Pashman Stein Walder Hayden, PC, attorneys; CJ Griffin , of counsel and on the briefs).

Wade Donald Koenecke argued the cause for respondents (Stevens & Lee, PC, attorneys; Patrick D. Kennedy and Maeve Ellen Cannon , of counsel and on the brief; Wade Donald Koenecke and Michael A. Cedrone , Lawrenceville, on the briefs).

Suzanne Marie Davies , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Raymond R. Chance , Assistant Attorney General, of counsel; Suzanne Marie Davies, Trenton, on the brief).

Gibbons PC and American Civil Liberties Union of New Jersey, attorneys for amicus curiae American Civil Liberties Union of New Jersey ( Jeanne LoCicero and Alexander Shalom , of counsel and on the brief; Sylvia-Rebecca Gutierrez , Parsippany, on the brief).

Mc Cusker Anselmi Rosen & Carvelli PC, attorneys for amici curiae Reporters Committee for Freedom of the Press ( Bruce S. Rosen , Florham Park, on the brief).

Before Judges Alvarez, Suter and DeAlmeida.


The opinion of the court was delivered by

Plaintiff Digital First Media, doing business as the Trentonian, filed a verified complaint and order to show cause under the Open Public Records Act of 2001 (OPRA), N.J.S.A. 47:1A-1 to -13, and the common-law right of access to public records, seeking to compel the production of...

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