SUSSEX COMMONS ASSOCIATES, LLC, a limited liability company of the State of New Jersey, and Howard Buerkle, Plaintiffs-Appellants,
v.
RUTGERS, the State University; Rutgers Environmental Law Clinic; and Rutgers University Custodian of Records, Defendants-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 13, 2010.
Decided October 25, 2010.
Attorney(s) appearing for the Case
Kevin D. Kelly, Newtown, argued the cause for appellants (Kelly & Ward, attorneys; Mr. Kelly, on the brief).
James P. Lidon, Morristown, argued the cause for respondents (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; John J. Peirano, Jr., of counsel and on the brief; Mr. Lidon, on the brief).
John J. Farmer, Jr., argued the cause for Rutgers Constitutional Litigation Clinic, attorneys for amicus curiae Rutgers Law School/Newark Clinical Programs (Frank Askin, Jon Dubin, and Steve Gold, on the brief).
Eastern Environmental Law Center, attorneys for amici curiae Citizens for Responsible Development at Ross' Corner, Coalition to Protect Our Land, Lakes and Watersheds, and Weissman & Mintz, (Julia A. LeMense and Richard Webster, on the brief).
Day Pitney, attorneys for amici curiae CPG Holdings, Holdings, L.L.C., and CPG Partners, L.P. (John C. Maloney, Jr., Florham Park, on the brief).
Edward Lloyd, attorney for amici curiae Clinical Legal Education Association, Society of American Law Teachers, and American Association of University Professors.
Robert F. Williams, attorney for amicus curiae Association of American Law Schools.
Before Judges FUENTES, GILROY and SIMONELLI.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
FUENTES, J.A.D.
Plaintiffs Sussex Commons Associates, LLC, and Howard Buerkle filed a formal request under the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, with the Custodian of Records for Rutgers, the State University, seeking access to eighteen categories of documents concerning the Environmental Law Clinic (Clinic) operated by Rutgers Law School in Newark. The request sought documents related...
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