GANNETT SATELLITE v. NEPTUNE

A-63 September Term 2021 085719.

296 A.3d 442 (2023)

254 N.J. 242

GANNETT SATELLITE INFORMATION NETWORK, LLC, d/b/a Asbury Park Press, Plaintiff-Appellant, v. TOWNSHIP OF NEPTUNE, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 20, 2023.


Attorney(s) appearing for the Case

Thomas J. Cafferty argued the cause for appellant (Gibbons, attorneys; Thomas J. Cafferty, Newark, Nomi I. Lowy , Newark, Lauren James-Weir , Newark, and Charlotte Howells , of counsel and on the briefs).

Jonathan F. Cohen argued the cause for respondent (Plosia Cohen, attorneys; Jonathan F. Cohen, Closter, of counsel and on the briefs, and James L. Plosia, Jr. , Chester, on the briefs).

CJ Griffin argued the cause for amici curiae American Civil Liberties Union of New Jersey, Association of Criminal Defense Lawyers of New Jersey, Libertarians for Transparent Government, Latino Leadership Alliance of New Jersey, and New Jersey Foundation for Open Government (Pashman Stein Walder Hayden and American Civil Liberties Union of New Jersey Foundation, attorneys; CJ Griffin, of counsel and on the brief, and Jeanne LoCicero and Alexander Shalom , Newark, on the brief).

Sara M. Gregory , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Sookie Bae-Park and Raymond R. Chance, III , Assistant Attorneys General, of counsel, and Sara M. Gregory, on the brief).

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

Michael S. Carucci , Newark, argued the cause for amicus curiae Municipal Clerks' Association of New Jersey, Inc. (Sills Cummis & Gross, attorneys; Michael S. Carucci and Thomas H. Prol , of counsel and on the brief).

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

Jeremy A. Chase submitted a brief on behalf of amici curiae The Reporters Committee for Freedom of the Press, Advance Publications, Inc.; The Associated Press; The Atlantic Monthly Group LLC; Courthouse News Service; First Look Institute, Inc.; The Media Institute; The National Freedom of Information Coalition; The National Press Photographers Association; New York Public Radio; The New York Times Company; The News Leaders Association; The News/Media Alliance; The Online News Association; POLITICO; Pro Publica, Inc.; and The Tully Center for Free Speech (Davis Wright Tremaine, attorneys; Jeremy A. Chase, on the brief).


New Jersey law recognizes two distinct procedures by which individuals and entities may seek an order compelling the disclosure of public records. The first is a claim under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, legislation "designed to give members of the public `ready...

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