Tuesday, May 20, 2014

Unpublished trial court OPMA opinion.

"Unpublished opinions" are not published in the law books and are not ordinarily written about in legal periodicals. Unless somebody puts them on-line and calls attention to them, they are likely not to be located by people who may want to search for them. I think that it's important that court opinions, even if they are not precedential, are easily accessible for future use.

Graceffo v. Point Pleasant Beach Zoning Board
Ocean County, Docket No. OCN-L-1280-13
Hon. Vincent J. Grasso, A.J.S.C.
November 15, 2013
Click here for the opinion.

Summary:

"While education of Board members on relevant legal and engineering principles arguably falls within the broad statutory definition of 'public business,'" such education sessions did not involve the "specific public business of [the] body" as required by N.J.S.A. 10:4-8(b).  Therefore, these educational sessions of the Board, to which the public is not admitted, do not violate the Open Public Meetings Act.

Note: Plaintiff has appealed from this ruling.

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