777 Bloomfield Ave/Finance
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 a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
I seek the finance method for the Township of Nutley to finance the property known as 777 Bloomfield Ave, Nutley New Jersey. How will the Township finance the purchase?
I seek What will the repayment method be the principle pay back and the interest?
I seek Why is the Township purchasing the building and NOT the Board of Education?
I seek how the BOE will pay back the principle and the interest for the loan.
I seek how much will the Nutley Board of Education pay back the Township of Nutley?
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 March 27, 2025, during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
“I seek the finance method for the Township of Nutley to finance the
property known as 777 Bloomfield Ave, Nutley New Jersey. How will the
Township finance the purchase?
I seek What will the repayment method be the principle pay back and the
interest?
I seek Why is the Township purchasing the building and NOT the Board of
Educaon?
I seek how the BOE will pay back the principle and the interest for the
loan.”
I seek how much will the Nutley Board of Educaon pay back the Township of
Nutley?”
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, “the finance method”, “the repayment method”,
“why is the Township purchasing the building”, “how the BOE will pay back
the principle [sic] and the interest for the loan”, and “how much will the
Nutley Board of Education pay back the Township of Nutley”, and not
readily identifiable government records, they fall squarely outside the
reach of OPRA. Accordingly, your requests are 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, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
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