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SUSSEX COMMONS ASSOC. v. RUTGERS

A-97 September Term 2010, 067232

46 A.3d 536 (2012)

210 N.J. 531

SUSSEX COMMONS ASSOCIATES, LLC, a limited liability company of the State of New Jersey, and Howard Buerkle, Plaintiffs-Respondents, v. RUTGERS, The State University; Rutgers Environmental Law Clinic; and Rutgers University Custodian of Records, Defendants-Appellants.

Supreme Court of New Jersey.

Decided July 5, 2012.

Attorney(s) appearing for the Case

James P. Lidon argued the cause for appellants (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; John J. Peirano, of counsel; Mr. Lidon, Mr. Peirano, and David M. Alberts, Morristown, on the briefs).

Kevin D. Kelly, Newton, argued the cause for respondents (Kelly & Ward, attorneys).

John J. Farmer, Jr., argued the cause for amici curiae Rutgers School of Law, Newark and Camden Clinical Programs (Frank Askin, Director, Rutgers Constitutional Litigation Clinic, attorney, John C. Lore, III, of counsel; Mr. Farmer, Mr. Askin, Jon C. Dubin, and Ronald K. Chen, Trenton, on the brief).

Edward L. Lloyd submitted a brief on behalf of amici curiae Clinical Legal Education Association, Society of American Law Teachers & American Association of University Professors.

Robert F. Williams submitted a brief on behalf of amicus curiae Association of American Law Schools (Rutgers School of Law, Camden, attorney).

Chief Justice RABNER delivered the opinion of the Court.

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...

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