08-20-09 DAVID B. BURNETT V. GLOUCESTER COUNTY BOARD OF
CHOSEN FREEHOLDERS, ET AL.
A-6131-07T2
In this Open Public Meeting Act, N.J.S.A. 10:4-6 to -21
challenge, plaintiff successfully proved one violation of the
Act occurring within forty-five days of the action being filed.
We concluded the remaining allegations of violations occurred
more than forty-five days prior to the filing of plaintiff's
complaint, making them untimely for relief pursuant to N.J.S.A.
10:4-15. Nevertheless, they were evidential of an alleged past
pattern of defendant's noncompliance with the Act presented to
support plaintiff's request for prospective injunctive relief
pursuant to N.J.S.A. 10:4-16.
We reversed the Law Division's summary judgment dismissal
because the alleged violative actions were too remote. When
examining the timeliness of plaintiff's request, we concluded
the limitations period in Rule 4:69-6 does not preclude
consideration of the defendant's past conduct when determining
the appropriateness of an injunctive remedy.
Chase Smith assistant editor
