Cherry Hill Schools Suffers Two Recent Setbacks in Court Fight with Shore Investigates

CHERRY HILL, NJ—The district already lost a key OPRA ruling in March. Then, after trying to bundle that case into a broader legal battle against Shore Investigates, it suffered another setback when its consolidation effort was denied.

Cherry Hill Public Schools has suffered two recent setbacks in its escalating court fight with Shore Investigates, first losing a significant OPRA ruling in March and then failing in its attempt to consolidate that case with two related lawsuits, according to Shore Investigates.

The first loss came in Shore Investigates’ lawsuit over the district’s handling of public records. Shore Investigates alleged the district withheld entire categories of basic information from records it produced. The district argued its approach was lawful and asked the court to dismiss the case.

Judge Michael S. Mikulski II ruled against the district in significant part. On March 6, the court granted Shore Investigates’ order to show cause and ordered the release of information the district had withheld.

The consolidation bid

The district then tried to fold that case into two related lawsuits. Court filings show the Board filed a motion to consolidate on February 25, asking to combine the OPRA case with Benjamin Shore v. Jason Schimpf and Cherry Hill Township Board of Education and Cherry Hill Township Board of Education v. Shore Investigates, LLC, Daniel Shore, and Benjamin Shore.

The second page of the eCourts Civil Case Jacket shows the district’s motion to consolidate, the court’s scheduling of oral argument, and Shore’s opposition filing. Screenshot from New Jersey Judiciary eCourts Civil Case Jacket.

The docket shows the court scheduled oral argument on that consolidation motion for April 8, and Shore’s counsel filed opposition on April 6. Shore Investigates says the court denied the consolidation bid, marking a second recent loss for the district in the same broader legal fight.

Cost to the public

Shore Investigates’ attorney, Donald Doherty Jr., said the district’s approach has been both legally flawed and costly for the public.

"Cherry Hill's application of the law was untenable, indefensible and, unfortunately for the taxpayers of Cherry Hill, costly. The materials in this case demonstrate that the BOE is not getting inundated with OPRA requests as there were less than a dozen per month and the greatest proportion were businesses merely seeking public bidding and related information which would should be addressed in quick fashion. And there would not even need to be CH BOE involvement at all if they embraced transparency like some other jurisdictions and put the information on their website. Why an investigative reporting entity has to sue to find out who is trying to business with the district disgraces the concept of transparent government."

The two setbacks come as the district continues to pursue its separate lawsuit against Shore Investigates, Ben Shore, and Daniel Shore over their records activity, a legal fight that has already drawn criticism from transparency advocates and press-freedom voices.

At a time when taxpayers are already being asked to shoulder more, Cherry Hill Public Schools is continuing to spend public resources on a widening legal fight against a local newsroom. Shore Investigates will keep readers updated on what happens next in the district’s lawsuit against the newsroom.