In what appears to be a novel theory, a New Jersey open government activist is asking a judge to rule that when public agencies violate the state’s Open Public Meetings Act, they could be forced to pay complainants’ counsel fees under the state Civil Rights Act’s fee-shifting provision.

Plaintiff John Paff, chairman of the state Libertarian Party’s Open Government Advocacy Project, filed his complaint against the Trenton Board of Education on Nov. 1 in Mercer County Superior Court.

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