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Judge tosses Cherry Hill schools’ suit aimed at blocking a journalist’s OPRA requests
A Camden County Superior Court judge dismissed with prejudice the Cherry Hill Board of Education’s lawsuit against journalist Benjamin Shore, finding no clear-and-convincing proof that his public-records requests were filed to disrupt district operations — and applying New Jersey’s anti-SLAPP law.
CHERRY HILL / CAMDEN COUNTY — Superior Court Judge Michael Mikulski on July 31, 2026, dismissed with prejudice a lawsuit by the Cherry Hill Board of Education that sought to stop freelance journalist Benjamin Shore and Shore Investigates from filing Open Public Records Act (OPRA) requests with the district.
According to the court’s ruling as described in contemporaneous reporting (Inquirer, Aug. 5, 2026; Jersey Vindicator, Aug. 4, 2026; New Jersey Monitor brief):
- The board’s February filing alleged Shore’s “numerous, repeated and vexatious” requests amounted to harassment and “substantially interrupted” school operations under a controversial OPRA provision amended in 2024.
- Mikulski found the board failed to establish by clear and convincing evidence that defendants filed requests with intent to disrupt agency operations.
- The judge wrote that Shore showed a “willingness to cooperate with the Board in making the requests less intrusive,” and that the time staff spend answering OPRA requests “is not a valid reason” for the board’s action.
- The suit met the standards for dismissal under New Jersey’s Uniform Public Expression Protection Act (anti-SLAPP), which provides expedited dismissal of lawsuits targeting protected public participation and requires attorney’s fees for successful defendants.
Shore said in an email after the dismissal, as quoted by the Inquirer: “The Board tried to stop us from requesting records. Instead, the case ended with its complaint dismissed with prejudice and its unsupported allegations rejected. Shore Investigates will continue following the records, asking difficult questions, and keeping the public informed.”
Secondary OPRA-based reporting (nj21st, Aug. 13, 2026) tallied at least about $19,618.58 in district legal fees through April 30, 2026, on the Shore matter — a figure drawn from district invoices, not from the court order itself.