SUSSEX COMMONS ASSOCIATES, ET ALS. V. RUTGERS, THE STATE UNIVERSITY, ET ALS.
A-1567-08T3 10-25-10
Plaintiffs filed a formal request under OPRA with the Custodian of Records for Rutgers, the State University, seeking access to eighteen categories of documents concerning the Environmental Law Clinic operated by Rutgers Law School in Newark. The request sought documents related to the Clinic's finances and its representation of two private citizens' groups that were opposing plaintiffs' proposed development of an outlet mall.
The trial court ruled that the Clinic was not subject to OPRA and dismissed plaintiffs' complaint. We reverse the trial court's ruling exempting the Clinic from the provisions of OPRA and remand for the court to determine whether the specific documents requested by plaintiffs are exempt from disclosure under the definition of "government record" in N.J.S.A. 47:1A- 1.1. The trial court shall also review and decide plaintiffs' requests under our State's common law right of access.
