Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities
207 N.J. 489
N.J.2011Background
- League is a nonprofit, unincorporated association representing 566 municipalities; funded by membership dues, taxes, and convention revenues; employees are in PERS; engages in lobbying, testimony, education, and litigation on behalf of municipalities; Fair Share sought OPRA access to League records relating to COAH third-round regulations; trial court dismissed, Appellate Division affirmed; Supreme Court reversed, holding League is a public agency under OPRA and records may be disclosed subject to exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the League qualifies as a public agency under OPRA | Fair Share: League is an instrumentality created by a combination of municipalities and thus a public agency. | League: Public agency definition requires government function; lobbying does not convert it to a public agency. | Yes; League is a public agency under OPRA. |
| Whether a public agency must perform a governmental function to be a public record custodian | Since public agency status attaches to the League, its records are government records. | OPRA defines government records broadly; no governmental-function test is required for public agency status. | League records are government records if held by a public agency. |
| How Lafayette Yard guidance applies to OPRA's public agency scope | Lafayette Yard supports broader interpretation; creation by municipalities and control by public entities means public agency. | Lafayette Yard is distinguishable; it applied a creation/control test for OPRA, which OPRA does not require. | OPRA uses a plain-language creation/instrumentality analysis, not a strict governmental-function test. |
Key Cases Cited
- Times of Trenton Publishing Corp. v. Lafayette Yard Community Development Corp., 183 N.J. 519 (2005) (OPMA/OPRA context; creation/control considerations in Lafayette Yard)
- N.J. State League of Municipalities v. Kimmelman, 105 N.J. 422 (1987) (OPRA public agency concept and scope)
- In re Petition for Referendum on City of Trenton Ordinance 09-02, 201 N.J. 349 (2010) (statutory interpretation and public policy considerations in municipal matters)