Permit for containers
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:
I seek the permits for the shipping containers located on the Diamond Springs property. What will your excuse be when the author of the DMR report has the copies without an OPRA request.
Yours faithfully,
Christine
Christine,
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:
"I seek the permits for the shipping containers located on the Diamond
Springs property." Please be advised that search of Township files
revealed no records 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/
Dear Ceci Tramontana,
since search of Township files
revealed no records to this request.
Please provide a date the 3 40’ shipping containers will be removed from the “Diamond Springs” property
Yours sincerely,
Christine
Dear Nutley Township,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Nutley Township's handling of my OPRA request 'Permit for containers'.
Please provide permit information on the 3x40’ containers on the abandoned Diamond springs property…. If no permits available, when will the containers be removed?
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/permit_f...
Yours faithfully,
Christine
Christine,
We responded to this request on April 12, 2021 and the request has been closed. Please submit a new request and specify what government records (not information) you are seeking.
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