Phase I ESA OPRA Request
Dear Morris Plains Borough,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
EnviroSure is conducting a Phase I ESA at 201 Littleton Road, Morris Plains, Morris County, NJ (Block 171 Lots 1.01 & 38). In that regard, we are requesting a search of all files pertaining to the property. Thank you.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Thank you,
Zach Smith
PLEASE SEE THE ATTACHED RESPONSE OF THE BOROUGH CLERK OF THE BOROUGH OF MORRIS PLAINS, DATED July 11, 2025, WHICH IS ANNEXED HERETO AND INCORPORATED HEREIN.
Mr. Smith,
Your submitted the following OPRA request: EnviroSure is conducting a Phase I ESA at 201 Littleton Road, Morris Plains, Morris County, NJ (Block 171 Lots 1.01 & 38). In that regard, we are requesting a search of all files pertaining to the property.
Your request seeks information or asks questions and does not identify specific government records. As such, your request is an invalid OPRA request and is denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement simply by requesting all of an agency’s documents. See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request.
If you wish to do so, you may resubmit a valid OPRA request which specifically requests identifiable government records.
Rosanne Denman, RMC, CMR
Borough Clerk
973-538-2224
Morris Plains Borough
531 Speedwell Ave