An alleged violation of OPRA does not give rise to a declaratory judgment action.

The plaintiff brought a declaratory judgment action for failure to comply with the Open Public Records Act. The trial judge dismissed the declaratory judgment action, ruling in a case of first impression that an alleged violation of OPRA does not give rise to a declaratory judgment action. Rather, the proper method of recovery pursuant to OPRA (or failure to provide records timely) is to file an order to show cause and verified complaint, not a complaint in lieu of prerogative writs seeking a declaration that plaintiff’s rights were violated under OPRA.

Case Law Alerts, 1st Quarter, January 2015