Email Correspondence and meeting minutes pertaining to "Stanhope House" "The Stanhope House"
Dear Stanhope Borough,
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:
REQUEST 1: Email and written correspondence between borough officials pertaining to "The Stanhope House" "Stanhope House" "Klein"
REQUEST 2: Meeting minutes from Borough Council Meetings, Land Use Board Meetings and Zoning Board Meetings pertaining to discussions of "The Stanhope House"
REQUEST 3: Records pertaining to zoning changes for Furnace Street and "Areas in need of redevelopment"
Yours faithfully,
Joseph Indano
Good Morning Mr. Indano,
I am in receipt of your OPRA request dated May 14, 2024 and deny Request
1, Request 2 and a portion of Request 3 on the following grounds:
“An OPRA request must identify the documents sought with specificity and
particularity,” Burke v. Brandes, 429 N.J. Super. 169, 175 (App. Div.
2012). A general request for documents is invalid under OPRA if such
documents are not “reasonably described with such identifying information”
sufficient to identify specific government records. Id. At 176-77.
Moreover, “OPRA does not require record custodians to conduct research
among its records for a requestor and correlate data from various
government records in the custodian’s possession.” MAG Entertainment, LLC
v. Div. of ABC, 375 N.J. Super. 534, 546-47 (App. Div. 2005).
OPRA is not a research tool, and it cannot be used “to force government
officials to identify and siphon useful information.” Id. At 546.
Rather, OPRA simply operates “to make identifiable government records
readily accessible for inspection, copying, or examination.” Ibid.
(citing N.J.S.A. 47:1A-1). Furthermore, OPRA does not “authorize a party
to make a blanket request for every document a public agency has on
file.” Bent v. Twp. Of Stafford Police Dep’t, Custodian of Records, 381
N.J. Super. 30, 37 (App. Div. 2005).
You have failed to identify specific government records in the Request.
Instead, you have asked me to perform an open-ended research project. For
these reasons, the Request is invalid under OPRA. See, e.g. N.J.S.A.
47:1A-1.1; Burke, supra, at 176-77; MAG, supra, at 546-47. Your request
does not specify actual documents and is therefore overbroad.
Accordingly, your Request is denied.
With respect to Request 3, the portion requesting "records pertaining to
zoning changes for Furnace Street" is a valid OPRA request and attached
hereto are the records responsive to that portion of your OPRA request.
Regards,
Ellen Horak, RMC
Municipal Clerk
973-347-0159 ext. 16
[1][Stanhope Borough request email]