777 bloomfield ave/all work permits
Rory Moore made this OPRA request to Nutley Township Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
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 WILL NOT use the requested government records for commercial purposes.
I AM NOT seeking records in connection with a legal proceeding.
Records requested: I seek ALL open and closed permits for 777 Bloomfield Ave. The last response was that there are two open permits. Why is there so much construction daily at the 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.
Yours faithfully,
Rory Moore
Mr. Moore,
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 April 21, 2025, during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
“I seek ALL open and closed permits for 777 Bloomfield Ave.” 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.
“Why is there so much construction daily at the 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). Stated differently, OPRA only allows requests for records, not
requests for information. See Bent v. Township of Stafford Police Dept.,
381 N.J. Super. 30, 37 (App. Div. 2005). Because the requests above seek
certain information, to wit, “why there is so much construction daily at
the property”, and not readily identifiable government records, they fall
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,
Ceci Tramontana
Deputy Clerk
Township of Nutley
References
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