Dear Hopatcong Borough,

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:

1. Police dispatch logs of all incidents of police dispatched to addresses on Kisling Avenue from 1/1/1990-present.

2. Property Records on file from 1990-Present (property record cards; open/closed building/construction permits; certificates of occupancy; code violations; site plans; surveys) for the following four properties:

18 Kisling Avenue (Block 31603, Lot 16)
20 Kisling Avenue (Block 31603, Lot 14)
22 Kisling Avenue (Block 31603, Lot 13)
1 Elba Avenue (Block 31704, Lot 25)

Yours sincerely,

Resident

Valerie Egan, Hopatcong Borough

Laura Burns, Hopatcong Borough

1 Attachment

Good morning. Please find above the OPRA request front page for 18, 20, 22 Kisling Ave and 1 Elba Ave in Hopatcong. Documents to follow in another email. Laura

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Laura Burns, Hopatcong Borough

1 Attachment

Good morning, please find all documents requested for 18, 20, & 22 Kisling Ave and 1 Elba Ave in Hopatcong. Laura

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Dear Ms. Burns,

Thank you for your time and assistance!

Yours sincerely,

Resident

Michael O'Shea,

Resident,
 
We have received your request for records and are reviewing it.
 
 
Thank you,
 
 
 
Lt. Michael O’Shea
111 Riverstyx Rd
Hopatcong, NJ 07843
973-398-5000
[email address]
 
 
 

Michael O'Shea,

Mr. Resident,
 
In response to your November 4, 2020 e-mail please be advised that your
request for documents is vague and overly broad under OPRA and relevant
case law.  As such it is an invalid request.    
 
A proper request under OPRA must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.  Bent v. Stafford Police
Department, 381 N.J. Super. 30, 37 (App. Div.  2005).   See also Shapiro
v. City of Newark, GRC Complaint No. 2015-79 (February 23, 2016).  An OPRA
request, by definition, must seek a specific government record. 
Custodians are not required to conduct research in response to a broad and
unclear OPRA request to figure out which records, if any, might be
responsive.  Donato v. Twp. of Union, GRC Complaint No. 2005-182 (February
2007).  See also Mag Entertainment, LLC v. Division of Alcoholic Beverage
Control, 375 N.J. Super. 537 (App. Div. March 2005); N.J. Builder’s Ass’n
v. N.J. Council on Affordable Hous.,  390 N.J. Super. 166, 172 (App. Div.
2007) (request for “any and all documents and data” impermissibly
overbroad). 
 
In Mag Entertainment, the court stated that OPRA is intended to provide
access to specifically identifiable records – it does not allow wholesale
requests for general information to be analyzed, collated and compiled by
the responding government entity; nor is it intended  as a research tool
litigants may use to force government officials to identify and siphon
useful information.  The court concluded that “OPRA does not countenance
open-ended searches of an agency’s files.” Id. at 549.  Similarly, in
Shipyards Associates, L.P v. City of Hoboken, No. A-3794-13T1 (Super. Ct.
App. Div. April 13, 2015) the court noted that “[w]hile an exact
definition of a impermissibly overly broad request is abstract, courts
have found requests that require a custodian to exercise his discretion,
survey employees or undertake research to determine whether a record is
responsive are overly broad and not encompassed by OPRA.” 
 
You requested 30 years’ worth of “police dispatch logs of all incidents of
police dispatched to addresses on Kissling Ave.”  You have not identified
any relevant parties, specific dates, nature of underlying incident(s) or
subject matter of interest. 
 
In order for us to properly assist you with your requests, please narrow
the scope and clarify exactly what documents you seek.  Please feel free
to call me to discuss further at your convenience. 
 
 
 
Thank you,
 
 
Lt. Michael O’Shea
111 Riverstyx Rd
Hopatcong, NJ 07843
973-398-5000
[email address]
 
 
 

Dear Lt. O'Shea,

Thank you for getting back to me. If I narrow down the request to 3 specific addresses and narrow the search from 30 years to 15 years, hopefully this will suffice.

My amended OPRA request is this:

Police dispatch logs of all incidents of police dispatched to the following 3 addresses from 2005-present:

18 Kisling Avenue
20 Kisling Avenue
22 Kisling Avenue

Yours sincerely,

Resident

Michael O'Shea,

6 Attachments

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    20 14629 Resident Kisling 0001.jpg

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    20 14629 Resident Kisling 0006.jpg

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Good morning Resident,

I appreciate your response and narrowing it down to 3 addresses over 15 years. With OPRA requests the more focused your inquiry the easier it is to locate the records you are looking for.

I attached the police dispatch logs you requested.

Thank you and have a great day,

Lt. Michael O’Shea
111 Riverstyx Rd
Hopatcong, NJ 07843
973-398-5000
[email address]

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Dear Lt. O'Shea,

Thank you for sending the requested documents in my amended request. Much appreciated!

Yours sincerely,

Resident