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Cape May Settles ‘Nuisance’ Suit

 

By Vince Conti

CAPE MAY – Following a Nov. 7 closed session, Cape May City Council approved a settlement in an Open Public Records Act (OPRA) lawsuit brought by Ernest Bozzi, a building contractor. The settlement cost the city $1,550.
According to City Solicitor Frank Corrado, Bozzi filed an OPRA request which the city responded to by making paper copies of the documents available.
The request called for electronic transmission of the material, and after the seven-day time limit on responding expired, Bozzi filed suit. The city clerk stated there was a phone conversation with Bozzi during the seven-day time frame notifying him that the material was ready in paper form for pickup.  Bozzi denied that conversation. 
The result was what Corrado called a “nuisance suit.” The requested materials were provided to Bozzi, but his attorney claimed fees under the fee-shifting nature of OPRA litigation. Corrado said it would cost the city more than the settlement amount to litigate the reasonableness of the fee claim.

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