Ms. Messina,

This correspondence shall serve as Nutley Township’s (the “Township”) 
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 November 26, 2019.  Below are the Township’s
responses to each said request.

“I would like to know if the lawsuit of Diamond Spring v. Nutley in
regards to switching the zoning back to a B-3 from B-3A has been
completed”.  Under OPRA, agencies are required to disclose only
“identifiable” governmental records not otherwise exempt.  Requests for
general information are not encompassed therein.  See MAG Entertainment,
LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 549
(App. Div. 2005).  OPRA does not contemplate “[w]holesale requests for
general information to be analyzed, collated and compiled by the
responding government entity”.  Id.  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).   Thus,
OPRA requires a party requesting access to a public record to specifically
describe the document sought.  See Gannett New Jersey Partners, LP v.
County of Middlesex, 379 N.J. Super. 205, 209 (App. Div. 2005).  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”.  Bent, supra, 381 N.J.
Super. at 36-37.  Your request seeks general information concerning a
litigation, but does not request access to a specifically identifiable
government record.  Accordingly, your request is invalid under OPRA and 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 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 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 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,

Eleni Pettas

Custodian

Ceci Tramontana

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

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References

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