Legal Opinion

Carter v. Doe

New Jersey Superior Court Appellate Division

Decided December 18, 2015PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the court was delivered by

OSTRER, J.A.D.

This appeal involves the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, the Declaratory Judgment Act (DJA) N.J.S.A. 2A:16-50 to -62, and records of the New Jersey State Firemen’s Association (Association), a public agency under OPRA. See N.J.S.A. 47:1A-1.1. We must resolve two principal issues affecting the public’s right to access government records.

First, we must decide, as a procedural matter, whether a government records custodian—in this case, the Association—may bring an action pursuant to the DJA to secure a declaratory…

2Cases cited41 opinions

  1. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  2. Nieder v. Royal Indemnity InsuranceSupreme Court of New Jersey · 2004
  3. Doe v. PoritzSupreme Court of New Jersey · 1995
  4. Schilling v. RogersSupreme Court of the United States · 1960
  5. Mason v. City of HobokenSupreme Court of New Jersey · 2008

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3Cited by6 opinions

  1. New Jersey Firemen's Ass'n v. DoeSupreme Court of New Jersey · 2017
  2. Stop & Shop Supermarket Co. v. County of BergenNew Jersey Superior Court Appellate Division · 2017
  3. John Paff v. Ocean County Prosecutor's OfficeNew Jersey Superior Court Appellate Division · 2016
  4. Goldman v. Critter Control of N.J.New Jersey Superior Court Appellate Division · 2018
  5. In the Matter of the New Jersey State Fireman’s Association Obligation to Provide Relief Applications Under the Open Public Records Act (077097) (Union County and Statewide)Supreme Court of New Jersey · 2017

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