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KOVALCIK v. SOMERSET COUNTY

No. 066529.

21 A.3d 1142 (2011)

206 N.J. 581

Vasil KOVALCIK, Plaintiff-Respondent, v. SOMERSET COUNTY PROSECUTOR'S OFFICE, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 21, 2011.

Attorney(s) appearing for the Case

Scott D. Rodgers, Deputy County Counsel, argued the cause for appellant (Thomas C. Miller, Somerset County Counsel, attorney; Mr. Rodgers and William A. Guhl, Special Deputy Attorney General, on the brief).

Jack J. Venturi, New Brunswick, argued the cause for respondent (Mr. Venturi, attorney; Kaitlin Kennedy, on the brief).

Lewis A. Scheindlin, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel).

Edward L. Barocas, Legal Director, argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation (Mr. Barocas, attorney; Mr. Barocas, Jeanne M. LoCicero, and Bobby D. Conner, on the brief).

Justice HOENS delivered the opinion of the Court.

In this appeal, we consider the scope and application of two of the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, that create exemptions applicable to the more general requirement that government records be disclosed.

The first of those provisions exempts from disclosure government records that have been deemed to be confidential by a court order, N.J.S.A. 47:1A-1...

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