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Agenda · Jul 19, 2022

Township Council Meeting — Agenda

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Page 57

I. We glean the following undisputed material facts from the parties' respective statements of material fact submitted in accordance with Rule 4:46- 2(a) and (b) in support of their respective summary judgment motions.1 Plaintiff is a resident and property owner in the Township. The Township "is a 'public agency'" under OPRA. See N.J.S.A. 47:1A-1.1 (defining "public agency" in part to include "any political subdivision of the State"); see also Fair Share Hous. Ctr. Inc. v. N.J. State League of Municipalities, 207 N.J. 489, 504 (2011) (noting municipalities are "political subdivisions" of the State) . "The law firm of McManimon, Scotland & Baumann, LLC, through its attorneys, Richard D. Trenk, Esq.[,] . . . Mark Y. Moon, Esq.[,] . . . and Tiena M. Cofoni, Esq.[,] . . . act[ed] as" the Township's counsel at all times pertinent to plaintiff's claims. Defendant Karen "Carnevale is the [m]unicipal [c]lerk of the Township and, in that capacity, is the designated records custodian of the Tow nship for purposes of OPRA." See N.J.S.A. 47:1A-1.1 ("'Custodian of a government 1 Plaintiff admitted each of the facts in defendants' statement of material facts supporting their summary judgment motion. Defendants admitted three of the seven assertions of fact set forth in plaintiff's counterstatement of material facts that was submitted in opposition to defendants' motion and in support of plaintiff's cross-motion. In our view, the disputed facts are not material to the disposition of the issues presented on appeal. A-2287-19 3 Pa003

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