Mr. Ahuja,

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 April 6, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

"- Planning board documentation for subdivision of properties at former
Block 166, Lot 27 to current Block 5701, Lots 14 and 15

- Permits for demolition/construction on above mentioned properties

- Any associated property maps and/or surveys."

Please see attached records. Personal identifying numbers have been
redacted pursuant to N.J.S.A. 47:1A-5. A search of Township files did not
reveal any property maps and/or surveys 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/

Mr. Ahuja,

Please contact the Code Enforcement Department for clarification on your OPRA request. You will need to submit a new OPRA request if you would like to receive documents which were not requested on your previous OPRA.

Thank you,

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
www.nutleynj.org

-----Original Message-----
From: Vinny Ahuja [mailto:[OPRA #21554 email]]
Sent: Tuesday, May 4, 2021 12:08 PM
To: Ceci Tramontana <[email address]>
Subject: Re: OPRA Request No. 196-21

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Dear Ceci Tramontana,

Thank you for the information provided. I imagine there must be some more documentation regarding the subdivision for the former Block 166, Lot 27 to current Block 5701, Lots 14 and 15. Is there anything else regarding approvals, update to lot lines, etc., that can be provided?

Yours sincerely,

Vinny Ahuja

-----Original Message-----

Mr. Ahuja,

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 April 6, 2021 during regular office hours.

Below is a list of each request for access and the Township’s response to

the same:

"- Planning board documentation for subdivision of properties at former

Block 166, Lot 27 to current Block 5701, Lots 14 and 15

- Permits for demolition/construction on above mentioned properties

- Any associated property maps and/or surveys."

Please see attached records. Personal identifying numbers have been

redacted pursuant to N.J.S.A. 47:1A-5. A search of Township files did not

reveal any property maps and/or surveys 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]https://linkprotect.cudasvc.com/url?a=ht... 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]https://linkprotect.cudasvc.com/url?a=ht...

References

Visible links

1. mailto:[email address]

2. https://linkprotect.cudasvc.com/url?a=ht...

3. https://linkprotect.cudasvc.com/url?a=ht...

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