07-22-09 CLIFF K. GOLDSMITH V. CAMDEN COUNTY SURROGATE'S OFFICE
A-0628-08T3
Plaintiff filed this putative class action complaint
alleging violations of OPRA and the common law right of access
to public records. He contended that the copying fees charged
by defendants were excessive. Plaintiff's complaint also
alleged a cause of action for "unjust enrichment."
Plaintiff filed his complaint four months after paying the
allegedly excessive fees. He thereafter voluntarily dismissed
his substantive claims under OPRA and the common law, but
alleged his equitable claim was not time-barred. The trial
judge dismissed the complaint, finding plaintiff's equitable
claims were subsumed by his OPRA and common law claims. As a
result, his complaint was time-barred under Rule 4:69-6(a), and
the holding in Mason v. City of Hoboken, 196 N.J. 51 (2008).
We agreed and affirmed. We concluded that plaintiff's
equitable claim that sought disgorgement of excess fees was
totally dependant upon his OPRA or common law access causes of
action. Therefore, having failed to file in a timely fashion,
the trial judge properly dismissed plaintiff's complaint.
Richard Sadowski
Assistant Editor
