The Township of Nutley Zoning Board of Adjustment property at 275 Kingsland St.

The request was successful.

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:

"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).

This OPRA request is directed to, Ceci Tramontana, RMC, Nutley Deputy Municipal Clerk. There is no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have my right to file an OPRA request.

OPRA machine has determined Pettas has full control over the receiver's email address. Pettas has to change the recipient email. I have no dominion, control, or ability to change the recipients' email addresses.

I seek the initial request presented to the Nutley Board of Adjustments forThe Township of Nutley Zoning Board of Adjustment is scheduled to review a code interpretation regarding the property at 275 Kingsland St. the property being considered for a warehouse and truck terminal. The report was provided to the Nutley Sun. The request is public and I want a copy.

I will mediate this request in 7 business days.

Yours faithfully, Rory

Rory Moore

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Moore,

 

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 19, 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 initial request presented to the Nutley Board of Adjustments
for the Township of Nutley Zoning Board of Adjustment is scheduled to
review a code interpretation regarding the property at 275 Kingsland St.
the property being considered for a warehouse and truck terminal.   The
report was provided to the Nutley Sun.  The request is public and I want a
copy." Please be advised that the requested records are publicly available
on the Township website at the following link:
[1]https://evogov.s3.us-west-2.amazonaws.co...

 

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 [2][email address], or on
its website at [3]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

[4]www.nutleynj.org

 

References

Visible links
1. https://evogov.s3.us-west-2.amazonaws.co...
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. http://www.nutleynj.org/