Ms. Daberkoe,

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 May 4, 2022 during regular office hours. Below
is a list of each request for access and the Township’s response to the
same:

"EnviroSure is conducting a Phase I ESA at 259 Centre Street (Block 7301;
Lot 2). In that regard, we are requesting a search of all files pertaining
to the property. Especially, underground storage tanks, environmental
concerns, building permits and ownership records." Please follow the link
below in order to access the records responsive to this request. Personal
identifying numbers have been redacted pursuant to N.J.S.A. 47:1A-5.

[1]​Folder icon [2]RR # 283-22

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 [3][email address], or on
its website at [4]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
[5]www.nutleynj.org

References

Visible links
1. https://nutleynj-my.sharepoint.com/:f:/g...
2. https://nutleynj-my.sharepoint.com/:f:/g...
3. mailto:[email address]
4. http://www.state.nj.us/grc
5. http://www.nutleynj.org/

Ms. Daberkoe,

The response includes a link for you to access the records responsive to
the request. I have highlighted that portion of the response for your
convenience. The link is not accessible on this email so you will need to
go back to my original response in order to access the link.

Please read the response and let me know if you have any questions.

Thank you,

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

www.nutleynj.org

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