In an unpublished opinion, the Superior Court of New Jersey (Appellate Division, Docket No. A-3837-05T5) affirmed the Final Decision of the Government Records Council (GRC) of February 17, 2006, adopting the Administrative Law Judge's Initial Decision that "the digital copy (.dwg) format of BTMUA's GIS topographical mapping data sought by Tombs was [exempted] from disclosure due to its Protected CII (Critical Infrastructure Information) status."

Some background:

In April 2003, Mr. Robert Bradley Tombs filed an OPRA request with the BTMUA for a digital copy (.DWG) format of its Geographical Information System (GIS) topographic mapping data. The BTMUA's Executive Director denied the request, claiming the information sought was proprietary, subject to alteration, and concerned the township's "critical infrastructure" or "assets" in need of protection under New Jersey's Domestic Security Preparedness Act of 2001.

In the most recent development in what has been a lengthy process, Mr. Tombs appealed, and the Superior Court of New Jersey found the appelant's issues to be without merit and affirmed the GRC's decision.

Is this the end of the process? I don't know. What is clear is that (at least for now) the Brick Township MUA (BTMUA) does not have to release its GIS data to Mr. Tombs. It also appears that given the protected critical infrastructure information (PCII) status of its data, as determined by the United States Department of Homeland Security (DHS), the BTMUA cannot release its data, even if it wanted to do so.

Here is the full text of the NJ Superior Court opinion.