Township Council Meeting — Agenda

communications between the Township's counsel with a necessary intermediary of the Township. We therefore reverse the court's summary judgment determination the emails exchanged between the Township's counsel and HGA are exempt from disclosure under OPRA, as well as plaintiff's common law entitlement to disclosure of public records, based on the attorney client privilege. As noted, there is a single email – sent at 3:31 p.m. on February 6, 2019 – between the Township's counsel and the chairman of the planning board and the planning board's counsel. We discern no basis to conclude that email constitutes an attorney client privileged communication because the planning board was not, and could not properly have been, the Township's counsel's client. See In re Opinion 452, 87 N.J. at 51. Additionally, the Township does not argue, and there is no evidential support for a finding, the planning board chairman and counsel constituted necessary intermediaries of the Township such that the email constitutes a privileged attorney client communication on that basis. We therefore also reverse the court's determination the email constitutes A-2287-19 19 Pa019