Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Monday, June 19, 2017

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


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)
page2image12144 page2image12304 page2image12464 page2image12624
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.