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Agenda · Jul 19, 2022

Township Council Meeting — Agenda

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the communications constituted attorney client communications because they were between the Township's counsel and the Township's agent, HGA, which served as a necessary intermediary for the Township in its communications with its counsel. The summary judgment record does not support defendants' claim. There is no evidence establishing as a matter of undisputed fact that HGA served as an agent, or necessary intermediary, of the Township, and the record suggests that was not the case. The summary judgment record is devoid of any evidence the Township retained HGA to serve as its agent or intermediary. To the contrary, the transcript of the Township Council November 27, 2018 meeting reflects the Township authorized the planning board to appoint HGA to serve as its expert to conduct a study that the planning board would utilize, and later did utilize, to make its recommendation to the Township about whether the library was an area in need of development. As the Township's attorney explained at the November 27, 2018 meeting, the Township Council authorized the planning board's use of HGA as a "tool" for the planning board to utilize in making its determination whether to recommend that the Township Library is an area in need of redevelopment. A-2287-19 17 Pa017

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