Sussex Commons Associates, LLC v. Rutgers

The question raised in this appeal is whether records of a legal clinic at a public law school are subject to the Open Public Records Act (OPRA). The Rutgers Environmental Litigation Clinic (RELC or the Clinic) represented a private group that opposed a plan to build an outlet mall. The mall’s developer, Sussex Commons Associates, LLC (Sussex Commons or Sussex), sought documents from its adversary—the Clinic—under OPRA. The trial court concluded that the Clinic was exempt from OPRA requests, and the Appellate Division reversed.

We now reverse the judgment of the Appellate Division and hold…