4-03-09 John Constantine v. Township of Bass River, et al.
A-5506-06T3
Plaintiff appealed from the trial court's dismissal of his
class action complaint in which he sought a declaration of
permissible fees that a municipality may charge for discovery
provided relative to matters in the municipal court. Plaintiff
also challenged the denial of his motions for bilateral class
certification and permission to file a second amended complaint.
While affirming dismissal of plaintiff's complaint because
it failed to present a cognizable claim for relief, we also
addressed an interlocutory order entered by the trial judge that
declared OPRA's "default" fee schedule, N.J.S.A. 47:1A-5(b), to
be the appropriate fees that a municipality may charge for
discovery in the municipal court. We also referred proper
consideration of the issue to the Attorney General, the
Legislature, and the Supreme Court's Committee on Municipal
Court Practice.
As a result of the dismissal of plaintiff's complaint, we
did not reach the issue of class certification or the denial of
leave to file an amended complaint.
