NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
DOCKET NO. A-4205-18T2
CITY OF JERSEY CITY, and
Submitted March 23, 2020 – Decided April 15, 2020
Before Judges Sabatino, Sumners and Geiger.
On appeal from the Superior Court of New Jersey, Law
Division, Hudson County, Docket No. L-0354-19.
Peter J. Baker, Corporation Counsel, attorney for
appellants (Maura E. Connelly, Assistant Corporation
Counsel, and John A. McKinney, III, Assistant
Corporation Counsel, on the briefs).
Donald M. Doherty, Jr., attorney for respondent.
Defendants Jersey City and Irene McNulty (City Clerk of Jersey City and
Custodian of Records), appeal the order of Judge Francis B. Schultz directing
defendants, in accordance with the Open Public Records Act (OPRA), N.J.S.A.
47:1A-1 to -13, to provide plaintiff Ernest Bozzi with the names and addresses
of individuals possessing a dog license issued by Jersey City. Plaintiff requested
the information to solicit customers for his invisible dog fence installation
Before us, defendants contend:
THE LOWER COURT ERRED IN FINDING THAT
THE INFORMATION SOUGHT IN PLAINTIFF’S
OPRA REQUEST WAS NOT PROTECTED BY THE
PRIVACY PROTECTIONS OF N.J.S.A. 47:1A-1.
THE LOWER COURT ALSO ERRED IN FINDING
THAT PLAINTIFF WAS ENTITLED TO THE
INFORMATION SOUGHT IN HIS OPRA REQUEST
UNDER THE COMMON LAW RIGHT OF ACCESS.
Defendants add the following argument in their reply brief:
PLAINTIFF MISINTERPRETS MUCH OF THE
CASE LAW RELIED UPON IN HIS OPPOSITION TO
Because the issues and arguments raised in this appeal mirror those
resolved in our recent published decision in Bozzi v. Borough of Roselle Park,
____ N.J. Super. ____ (App. Div. 2020), where we held the plaintiff was entitled
under OPRA to the names and addresses of dog licensees issued by the defendant
municipalities, we affirm.