THE STOP & SHOP SUPERMARKET COMPANY, LLC, v. THE
COUNTY OF BERGEN; THE BERGEN COUNTY PLANNING BOARD;
AND THE COUNTY OF BERGEN DEPARTMENT OF PLANNING AND
ECONOMIC DEVELOPMENT
A-2134-14T1/A-4630-14T1(CONSOLIDATED)
(NEWLY PUBLISHED OPINION FOR JUNE 14, 2017)
The published portion of this opinion addresses the Open Public
Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The Appellate
Division holds OPRA litigation is authorized to allow a party
who has been denied access to records to obtain access to those
records, and counsel fees are authorized under OPRA if the
litigation causes the production of those records. Because
plaintiff had already obtained the responsive records before it
filed its declaratory judgment action, its action was moot when
filed, and plaintiff was not entitled to counsel fees.
Plaintiff cannot avoid the proscription against litigating moot
issues by bringing a declaratory judgment action.
