There are a number of cases now on appeal that involve important OPRA issues. For a summary of pending appeals of particular interest to law enforcement agencies, see this New Jersey OPRA Law Reporter post. Here are two other appellate matters that will have a major impact on all New Jersey public agencies that are covered by OPRA.

-Gannett v. Borough of Raritan, A-3999-13T1

This appeal involves significant issues concerning access to records in electronic format and the amount a public entity may charge the requestor for converting the records to that format. The case is especially notable because the court must determine the reasonableness of the $600,000 attorney fee award granted to the plaintiff for prevailing. This is far and away the largest attorney fee award under OPRA.

-IMO NJ Firemen’s Assn Obligation to Provide Relief Applications Under OPRA, A-2810-13T2

This appeal presents a novel question: whether a public agency may file a declaratory judgment action asking the court to determine that it properly denied an OPRA request, before the requestor has challenged the denial.