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 February 24, 2021. Below is a list of each
request for access and the Township’s response to the same:

“Pertaining to 355 Prospect St, Nutley, NJ 07110 (Block 5701, Lot 15):

- Entire building file including list of all Permits & Improvements (Open
or Closed)

- Violation Notices

- Letters of No Interest

- Property Survey

- No Further Action Notices”

Please see attached records. Personal identifying numbers have been
redacted pursuant to N.J.S.A. 47:1A-5. Please be advised that a search of
Township files did not reveal any “Letter of No Interest” or “No Further
Action Notices” 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/

Good morning Mr. Ahuja,

In order to obtain the current permit log on this property, you will need to submit a new OPRA request. You can also obtain this information by creating an account on our Permit and Inspection Portal. It will probably be much quicker than submitting a new OPRA request. I have provided the link below for your convenience:

https://www.sdlportal.com/towns/nj/essex...

Once you create an account, you will be able to search any property in Nutley. When searching by address, do not enter the suffix (street, avenue, etc.) or the search will not turn up any results.

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 #20442 email]]
Sent: Monday, March 8, 2021 7:08 AM
To: Ceci Tramontana <[email address]>
Subject: Re: OPRA Request No. 109-21

Dear Ceci Tramontana,

Thank you for the information. I understand that some of the open items noted have been closed out last week. Would you mind providing an updated report of permits?

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 February 24, 2021. Below is a list of each

request for access and the Township’s response to the same:

“Pertaining to 355 Prospect St, Nutley, NJ 07110 (Block 5701, Lot 15):

- Entire building file including list of all Permits & Improvements (Open

or Closed)

- Violation Notices

- Letters of No Interest

- Property Survey

- No Further Action Notices”

Please see attached records. Personal identifying numbers have been

redacted pursuant to N.J.S.A. 47:1A-5. Please be advised that a search of

Township files did not reveal any “Letter of No Interest” or “No Further

Action Notices” 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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