The case, Dalnoky v. Pinelands Regional School District, involved a requestor attempting to refile their OPRA request after the custodian denied the request and the requestor hadn’t filed a court complaint challenging the denial within the 45-day statute of limitations.
The court determined that allowing the requestor to start a new 45-day period “by simply making an identical request would frustrate the purpose of the statute of limitations.”
While this decision is instructive, it is important to note that it was unpublished, meaning it is not precedential and other courts are not bound to follow it. It is unclear at this time whether the matter will be further appealed to the NJ Supreme Court.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.