I am looking for all environmental records related to 201 Tabor Road Block 151, Lot 2.01
Dear Morris Plains 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: All environmental records.
Yours faithfully,
Kenneth C. Tyson, P.G., L.S.R.P.
Senior Project Manager
Langan Engineering and Environmental Services, Inc.
[email address]
PLEASE SEE THE ATTACHED RESPONSE OF THE BOROUGH CLERK OF THE BOROUGH OF MORRIS PLAINS, DATED May 23, 2023, WHICH IS ANNEXED HERETO AND INCORPORATED HEREIN.
The official Records Custodian, Rosanne Denman, Acting Borough Clerk of the Borough of Morris Plains, received your OPRA request on May 18, 2023. This response to your request is being provided to you on the third business day after the Custodian’s receipt of said request.
Your emailed OPRA request sought access as follows:
I am looking for all environmental records related to 201 Tabor Road Block 151, Lot 2.01
Your request seeks information and does not identify specific government records. As such, your request is an invalid OPRA request and is denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. 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 simply by requesting all of an agency’s documents. See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request.
If you wish to do so, you may resubmit a valid OPRA request which specifically requests identifiable government records.
Rosanne Denman, RMC, CMR
Borough Clerk
973-538-2224
Morris Plains Borough
531 Speedwell Ave
-----Original Message-----
From: Kenneth C. Tyson [mailto:[OPRA #42990 email]]
Sent: Thursday, May 18, 2023 9:49 AM
To: Denman, Rosanne <[Morris Plains Borough request email]>
Subject: OPRA request - I am looking for all environmental records related to 201 Tabor Road Block 151, Lot 2.01
Dear Morris Plains 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: All environmental records.
Yours faithfully,
Kenneth C. Tyson, P.G., L.S.R.P.
Senior Project Manager
Langan Engineering and Environmental Services, Inc.
[email address]
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