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:

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

Yours faithfully,
Vinny Ahuja

Ceci Tramontana, Nutley Township

Mr. Ahuja,

We replied to this request on March 2, 2021. You filed the request on February 24, 2021 under email address [email address].

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

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Dear Ceci Tramontana,

In that request I had asked to receive updated documents for a recent change that was made, and the response
received was to submit a new OPRA request in order to obtain the current records.

Yours sincerely,
Vinny Ahuja

Ceci Tramontana, Nutley Township

Yes, you can also access the same information in our portal. If you prefer to have it done through OPRA, I will go ahead and process it.

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

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Dear Ceci Tramontana,

Thanks, yes please process through OPRA.

Yours sincerely,
Vinny Ahuja

Ceci Tramontana, Nutley Township

1 Attachment

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 March 16, 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/