Libertarian Party of Central New Jersey v. Murphy
New Jersey Superior Court
894 A.2d 72 (2006)
- Written by Laura Julien, JD
Facts
The Libertarian Party of Central New Jersey (the libertarian party) (plaintiff) requested public-meeting minutes from the Township of Edison (the township) pursuant to New Jersey’s open-records law. The libertarian party requested that the documents be provided on a computer diskette. Reina Murphy (defendant), who was the custodian of the township’s records, charged the libertarian party $55 for a diskette containing the meeting minutes. It was undisputed that $55 exceeded the actual cost of the diskette. Murphy asserted that the charge was appropriate because the meeting minutes were available online on the township’s website. The libertarian party contended that it requested the diskette because there was a delay in the online posting of the meeting minutes and the diskette would ensure that the most recent records were included. The libertarian party filed suit against the township, asserting that the fee charged by Murphy was excessive, unreasonable, and not reasonably related to the actual cost incurred by the township to reproduce the records. Murphy moved to dismiss the suit, asserting mootness because the records had been made available online. The law division found in favor of Murphy, and the libertarian party appealed.
Rule of Law
Issue
Holding and Reasoning (Fuentes, J.)
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