Friday, October 10, 2014

Unpublished trial court OPRA opinion.

"Unpublished opinions" are not published in the law books and are not ordinarily written about in legal periodicals.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 I think that it's important that court opinions, even if they are not precedential, are easily accessible for future use.

Newark Morning Ledger v. Office of the Governor
Mercer County, Docket No. MER-L-948-14
Hon. Mary C. Jacobson, A.J.S.C.
October 2, 2014
Click here for the court's decision.

Summary: Newspaper reporter sought communications regarding a gas pipeline project through the Pinelands region.  Court ruled that certain records were available but that others were not.  The court discussed the ongoing investigation exception, the advisory, consultative and deliberative (ACD) exception and the application of the the ACD privilege in the context of the common law right of access.


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