Spectraserv v. MIDDLESEX UTIL.
416 N.J. Super. 565
| N.J. Super. Ct. App. Div. | 2010Background
- MCUA operates wastewater facilities; Spectraserv sues for OPRA records related to R3 Management license and project documents.
- OPRA requests cover years and wide scope, including the entire project file and documents involving BiopHast/R3.
- MCUA promptly produced some non-exempt records but withheld or logged others as confidential or privileged.
- Special master found 171 documents improperly withheld; 205 privileged/confidential after review.
- MCUA offered to coordinate production with discovery in pending construction litigation; Spectraserv rejected on timing.
- Law Division later denied Spectraserv’s attorney’s fees as prevailing party under OPRA, prompting appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| OPRA seven-day rule applies to proper requests | Spectraserv entitled to fees; seven-day rule violated | OPRA complex; proper scope; production coordination reasonable | OPRA seven-day rule not applicable to improper requests; not prevailing party |
| Spectraserv's OPRA request improper/overbroad | Request was specific; compelled production | Request overly broad; burdensome | Yes, improper and overbroad; not prevailing party |
| MCUA's March 6, 2007 reply reasonable | Rejected; should have produced immediately | Reasonable compromise; coordinated production feasible | Yes, reasonable under circumstances |
| Waiver argument for OPRA response | Waiver by non-rejection | Cooperation and compromise allowed; not waiver | Waiver rejected; not required to reject to be liable |
Key Cases Cited
- Educational Law Center v. N.J. Dep't of Educ, 198 N.J. 274 (2009) (OPRA complements public records rights)
- Mason v. City of Hoboken, 196 N.J. 51 (2008) (OPRA fee-shifting aids access to records)
- MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005) (OPRA used as discovery tool inappropriate in enforcement action)
- Bent v. Stafford Twp. Police Dep't, 381 N.J. Super. 30 (App. Div. 2005) (OPRA requires specific document identification; avoid broad demands)
- Gannett N.J. Partners L.P. v. County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005) (OPRA requires reasonably identified records for response)