Prevailing Litigants in Common Law Right of Access Cases Not Entitled to Attorneys’ Fees
Jun 23, 2023 | Written by: | Share
On June 20, 2023, the New Jersey Supreme Court ruled on a matter of significance for all New Jersey municipalities. In the case of Gannett Satellite Information Network, LLC v. Township of Neptune, the court ruled that prevailing litigants in common law right of access cases are not entitled to attorneys’ fees under the precedent of Mason versus Hoboken. This ruling is significant in that the trial court had awarded $85,000 in attorneys’ fees to the requester under common law right of access.
The foundation for the Court's ruling was the principal that "when a public entity undertakes the balancing analysis required by Albert decisions on common law right of access, it should be permitted to formulate a good faith legal position on the disputed information and to litigate that position, without the risk of an award of attorneys’ fees in the event a court later rejects it."
Municipal clerks throughout the state should be aware of this ruling, and should discuss the impact of this decision with their municipal attorneys.
Matthew P. Lyons, Esq. is a partner with Gebhardt & Kiefer, PC. He concentrates his practice on civil litigation, primarily in the areas of insurance defense, civil rights, and representation of municipal government and other public entities. Contact Mr. Lyons at 908-735-5161 or via email.
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