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Agenda · Jul 19, 2022

Township Council Meeting — Agenda

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and planning board attorney Pat Dwyer, with copies of the email also sent to Jack Sayers, the Township Administrator, Carnevale, and Richard D. Trenk. 5 Plaintiff filed a complaint and order to show cause "challenging the withholding of the [c]onfidential [c]ommunications" and asserting claims under OPRA and the common law right of access to public records. Plaintiff sought a judgment requiring the Township to "disclose to [p]laintiff copies of the [confidential] communications . . . requested," and ordering the Township to pay "[p]laintiff['s] costs and reasonable attorneys' fees." The Township filed an answer to the complaint and subsequently moved for summary judgment. Plaintiff filed a cross-motion for summary judgment. The Township later submitted the emails it claimed are privileged and exempt from disclosure to the court for its in camera review.6 The court heard oral argument on the motions and later issued a written statement of reasons and order granting the Township's summary judgment motion and denying plaintiff's cross-motion. The court found the emails "are 5 The email from Mark Y. Moon to Weston and Dwyer is dated February 6, 2019. 6 The summary judgment record does not reflect whether defendants provided the motion court with the thirty-two emails referenced in the Township's February 25, 2019 letter to plaintiff or the thirty-three emails defendants included in their confidential appendix on appeal. A-2287-19 8 Pa008

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