Any and all permits for property known as Dimond Springs
Dear Nutley Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).
The Nutley Town Clerk testified in open Court that the Nutley Town hall has a special Nutley police patrols to prevent Rory Moore from entering the bidding and has had to have special swipe cards to prevent Rory Moore from entering the public building as The Nutley Town Clerk is prettified of violence to be initiated by Rory Moore.
Eleni Pettas, the Nutley Municipal Clerk, has a special parking space next to the side door and has to enter the building one hour before the Town Hall is open to the public as she is in fear that Rory Moore will attack her, violently.
Rory Moore, being banned, from the public build demands Eleni Pettas, the Nutley Municipal Clerk has nothing to do with all OPRA request and any additional request submitted by Rory Moore as Moore is in fear of his life for life for making a public request.
Hence, Rory Moore request be answered in strict compliance with New Jersey State law of seven days and in an excel file or Microsoft word document AT ALL TIMES.
This request is to cease the OPRA request that are intentionally answered with PDF files that cannot be opened up and unanswered OPRA request sent with the intent to aggravate Rory Moore.
Rory Moore had to file a criminal complaint as Eleni Pettas the Nutley Municipal Clerk intentionally files OPRA request with intent to exacerbate Rory Moore’s heart condition.
Any open permits
All closed permits
Any violations
Any property sales, at all
any documentation re UST (oil tank removal)
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 December 15, 2020. Below is a list of each
request for access and the Township’s response to the same:
"Any and all permits for property known as Dimond [sic] Springs
[...]
Any open permits
All closed permits
Any violations
Any property sales, at all
any documentation re UST (oil tank removal)"
Please be advised that requested documents have been previously provided
to you through OPRA Request No. 537-20. See attached records. Personal
identifying numbers have been redacted pursuant to N.J.S.A. 47:1A-5.
Please be advised that a search of Township files did not reveal any oil
tank removal documents responsive to this request.
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 of
Nutley reserves the right to raise any other grounds for denial not raised
in this response. Failure of the Township of Nutley 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 Paffv. 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 of
Nutley 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
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/