OPRA Request—Certificates
Dear Nutley Township,
*This request is intended for the Building Department or the appropriate custodian of the requested records. If you are not the correct recipient, please forward this request to the appropriate department or individual that holds these records.
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:
*Certificates of Occupancy
*Certificates of Continued Occupancy
*Certificates of Approval
*Certificates of Compliance
*Please provide records for all submissions made within the last 60 days, limited to commercial properties or spaces, in a spreadsheet or CSV format.
You are the best.
Yours faithfully,
Salem
Dear Nutley Township,
I apologize for not including this information in my original request.
I am writing to add the following disclosures regarding my recent OPRA request:
1. I have not been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
2. I intend to use the requested government records for a commercial purpose.
3. I am not seeking these records in connection with a legal proceeding.
4. I am not requesting these records under common law.
Thank you for your attention.
Yours faithfully,
Salem
Mr. Salem,
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 21, 2025 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:
Please see attached all Township records responsive to your request. A
search of Township files revealed no records of “Certificates of
Occupancy,” “Certificates of Continued Occupancy” or “Certificates of
Compliance” issued to commercial properties or spaces within the last 60
days.
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 reserves its right to deny any
request for records that are the subject of any discovery, subpoena or
court order pursuant to N.J.S.A. 47:1A-5. Moreover, the Township may
restrict access to records sought for a commercial purpose. Id. The
Township reserves the right to raise any other grounds for denial not
raised in this response. Failure of the Township 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 Paff v. 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 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,
Lucy Jacobs
OPRA Liaison
Department of Revenue and Finance
Township of Nutley, NJ
Office: 973-284-4951 x2222
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/