OPRA request for 300 Centre St Nutley, NJ 07110
Dear Nutley Township,
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:
Open permits for building/construction.
Closed permits for building and construction.
Open violations on the use of the property.
Known presence of underground oil/deprecated septic.
Yours faithfully,
Alejandro Medina
Dear Nutley Township,
Just checking if you received my request. Please let me know if you need additional information or anything else from me.
Yours faithfully,
Alejandro Medina
Mr. Medina,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your requests for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which were
received by the Township on March 14, 2023 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
“OPRA request for 300 Centre St Nutley, NJ 07110 Records requested: Open
permits for building/construction. Closed permits for building and
construction. Open violations on the use of the property. Known presence
of underground oil/deprecated septic.” Please see attached records
responsive to this request. Personal identifying numbers have been
redacted pursuant to N.J.S.A. 47:1A-5.
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
Deputy Clerk
Office of the Municipal Clerk
Township of Nutley, NJ
(973) 284-4955 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/
Dear Nutley Township,
Thank you very much for sending this over, I see there is an open permit (#21-00204), but the actual permit form was not included.
Can you please provide all document relating to Permit #21-00204?
Yours sincerely,
Alejandro Medina
Mr. Medina,
Please see attached records as requested. Personal identifying numbers have been redacted pursuant to N.J.S.A. 47:1A-5.
Thank you,
Ceci Tramontana
Deputy Clerk