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U.S. Water LLC v. Middlesex County Improvement Authority

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 4, 2002

Plaintiff filed an action in lieu of prerogative writs in the Law Division to obtain copies of documents, which it asserted were public records, from defendant Middlesex County Improvement Authority (“MCIA”). The complaint alleged entitlement to copies of the documents under the Right to Know Law, N.J.S.A. 47:1A-1 to -4 (“RTKL”), the New Jersey Water Supply Public-Private Contracting Act, N.J.S.A. 58:26-19 to -27 (“WSA”), and the common law. At the same time, plaintiff filed a notice of motion to proceed summarily pursuant to R. 4:67 for disclosure of the documents. The motion, however, was based solely on the RTKL. MCIA filed a cross-motion for summary judgment, contending that the request was premature. The judge denied MCIA’s motion and entered judgment for plaintiff. MCIA appealed, obtaining a stay of the judgment from the Supreme Court pending our decision.

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