All documents referencing 320 Asbury Ave (Block 3801 Lot 1.02) and/or AP Triangle LLC

David Lindley made this OPRA request to Asbury Park City 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.

The request was partially successful.

Dear Asbury Park City,

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:

Yours faithfully,

David Lindley

JustFOIA Notification,

1 Attachment

Thank you for submitting a request for records.

Your request security key is [1]786D5D3C.
Your request reference number is [2]Request Number: PR-794-2024.

Please have this security key and reference number available when
communicating with our staff regarding your request.

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2. https://url4102.request.justfoia.com/ls/...

Anthony Cucci (Asbury Park, NJ),

1 Attachment

Requestor.

OPRA does not "authorize a party to make a blanket request for every
document" a public agency has on file. Gannett New Jersey Partners L.P. v.
County of Middlesex, 379 N.J. Super. 205, 213 (App. Div. 2005).   Rather,
a party requesting access to a public record under OPRA must specifically
describe the document sought.  OPRA operates to make identifiable
government records "readily accessible for inspection, copying, or
examination." N.J.S.A. 47:1A-1.   As such, a proper request under OPRA
must identify with reasonable clarity those documents that are desired,
and a party cannot satisfy this requirement by simply requesting all of an
agency's documents. OPRA does not authorize unbridled searches of an
agency's property. 

As per the New Jersey Government Records Council, A broad and/or unclear
request fails to name specific government records, or requires the
custodian to conduct research. 

Example of an overly broad request: "Any and all records related to the
construction of the new high school."

The term "records" does not reasonably identify a specific government
record.

Example of a valid request: "Any and all e-mails between Jane Doe and John
Smith regarding the construction of the new high school from January 1,
2009 to February 28, 2009." This request identifies a specific type of
record, parties to the correspondence, dates, and subject matter. Example
of a request that requires research: "all meeting minutes from 2011 in
which the Council discussed Jane Doe, Human Resource Manager."

This request is invalid because it requires the custodian to research/read
through all the 2011 minutes to determine when the Council discussed Jane
Doe, Human Resource Manager. 

Example of a valid request:  "all meeting minutes from 2011." 

The requestor would then have to conduct his own research to determine
which minutes contain the subjects in which he is interested. 

See New Jersey Builders Association v. New Jersey Council on Affordable
Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).  A proper request under
OPRA must identify with reasonable clarity those documents that are
desired, and a party cannot satisfy this requirement by simply requesting
all of an agency's documents.  See Bent v. Stafford Police Department,
381 N.J.Super. 30, 37 (App. Div.  2005).

Currently, your request fails to identify with reasonable clarity the
specific government records sought, as is required by Bent v. Stafford
Police Department, 381 N.J. Super. 30, 37 (App. Div.  2005). At this time,
we request clarification of your OPRA request.

Please respond in writing and identify the specific government records
sought so that we may process your request.   Failure to provide written
clarification of your request within seven (7) business days will result
in the closure of this OPRA request.

Thank you.

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