7-22-08 (A-22-07)
The Open Public Records Act and common law right of access actions filed in Superior Court have a 45-day statute of limitations. Requestors qualify for attorney’s fees under OPRA and the common law if they can show that the lawsuit was
causally related to the relief obtained and the relief had a basis in law. The burden of proof shifts to the agency if it failed to respond at all to a request within seven business days. Applying those standards here, plaintiff is not entitled to attorney’s fees.
