173 BLOOMFIELD AVE, NUTLEY, NJ (BLOCK 8305, LOT 15)
Dear Nutley Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
173 BLOOMFIELD AVE, NUTLEY, NJ
173 BLOOMFIELD AVE, NUTLEY, NJ
(BLOCK 8305, LOT 15)
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
173 BLOOMFIELD AVE, NUTLEY, NJ
(BLOCK 8305, LOT 15)
173 BLOOMFIELD AVE, NUTLEY, NJ
1. Property Ownership & Title History
Copies of deeds, title transfers, mortgages, and any liens recorded for
the property
Historical ownership details, including previous sales dates and sale
prices
2. Tax and Assessment Records
Current and historical property tax assessments
Block and lot information for each parcel (173 BLOOMFIELD AVE, NUTLEY, NJ)
173 BLOOMFIELD AVE, NUTLEY, NJ
(BLOCK 8305, LOT 15)
3. Building & Zoning Records
Certificates of Occupancy (current and historical)
Building permits (construction, renovation, signage, etc.)
Zoning designation and any applicable redevelopment plans
Records of variances, site plan approvals, or conditional use
authorizations
4. Environmental Documentation
Any Phase I or Phase II Environmental Site Assessments
Reports or correspondence related to environmental concerns,
contamination, or remediation
Any documentation involving the property’s proximity to a Superfund or
environmentally sensitive area
5. Municipal & Council Activity
City Council meeting minutes, resolutions, or planning board discussions
relating to this property
Any development agreements, PILOT agreements, or redevelopment incentives
applicable to this site
6. Notifications and Neighboring Context
List of properties that received notice for zoning board or variance
applications related to this property
My preferred delivery method for response(s) to this request is by E-mail
as attachments. Please confirm you have received this request. If you
are not the custodian of records, please forward my request to that person
and provide their email address to me for future reference.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Bergen County Broker
Bergen County Broker,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on September 12, 2025 during regular office
hours. Attached is a copy of your request for records, and below is the
Township’s response to the same:
Please see attached the Township records responsive to your request.
Personal identifying information has been redacted pursuant to N.J.S.A.
47:1A-1.1. A search of Township files revealed no records of “liens,”
“Phase I or Phase II Environmental Site Assessments,” “environmental
concerns, contamination, or remediation,” “development agreements, PILOT
agreements, or redevelopment incentives” or “list of properties that
received notice for zoning board or variance applications” responsive to
your request.
For the portion of your request referencing “city council meeting minutes,
resolutions, or planning board discussions relating to this property”:
Please be advised that under OPRA, agencies are required to disclose only
“identifiable” governmental records not otherwise exempt. Requests for
information are not encompassed therein. See MAG Entertainment, LLC v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App.
Div. 2005). While OPRA provides a means of access to government documents
not otherwise exempted from its reach, it is not intended as a research
tool that may use to force government officials to identify and siphon
information that may be useful. “[T]he custodian is obligated to search
her files to find the identifiable government records listed in the [OPRA
request] . . . However, the Custodian is not required to research her
files to figure out which records, if any, might be responsive”. Donato v.
Twp. of Union, GRC Complaint No. 2005–182 (Jan. 31, 2007). Because this
request would require the Custodian to conduct research into what records
would be considered “meeting minutes, resolutions, or discussions relating
to this property”, it falls squarely outside the reach of OPRA.
Accordingly, this portion of your request is denied.
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The foregoing
response to your request for access to government records incorporates the
aforementioned balancing test. Please note that "a party's status as a
litigant does not enlarge its access to government records under OPRA”.
MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super.
534, 545-46 (App. Div. 2005). The Township reserves its right to deny any
request for records that are the subject of any discovery, subpoena or
court order pursuant to N.J.S.A. 47:1A-5. Moreover, the Township may
restrict access to records sought for a commercial purpose. Id. The
Township reserves the right to raise any other grounds for denial not
raised in this response. Failure of the Township to assert an exemption or
privilege does not act as a waiver of any grounds for denial. Furthermore,
a reviewing Court or the Government Records Council ("GRC") may deem a
denial of access to be authorized on grounds other that those advanced by
a custodian. See Paff v. Twp. of Plainsboro, A-2122- 05T2, 2007 WL 957289,
at *2 (App. Div., Apr. 2, 2007), affirming, Paff v. Township of
Plainsboro, GRC Complaint No. 2005-29 (March 2006). If your request for
access to a government record has been denied or unfilled, you have a
right to challenge the decision by the Township to deny access. At your
option, you may either initiate a proceeding in the Superior Court of New
Jersey or file a complaint with the GRC by completing the Denial of Access
Complaint Form. You may contact the GRC by toll-free telephone at
866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at
[1][email address], or on its website at [2]//www.state.nj.us/grc. The
GRC can also answer other questions about the law. All questions regarding
complaints filed in Superior Court should be directed to the Court Clerk
in your County.
Sincerely,
Lucy Jacobs
OPRA Liaison
Department of Revenue and Finance
Township of Nutley, NJ
Office: 973-284-4951 x2222
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
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1. mailto:[email address]
2. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/