312-10

312-10 December 14, 2010 RESOLUTION APPROVING SETTLEMENT WHEREAS, West Orange resident Paul Tractenberg ("Mr. Tractenberg") filed two requests pursuant to the Open Public Records Act; N.J.S.A. 47:1A-1.2 ("OPRA"); and WHEREAS, Mr. Tractenberg requests copies of certain appraisals concerning the tract of land owned by West Essex Highlands, Inc.; WHEREAS, the Township asserted that the appraisals were subject to the deliberative exemption under OPRA; and WHEREAS, Mr. Tractenberg commenced an action in lieu of prerogative writs under OPRA seeking access to the appraisals; and WHEREAS, the Superior Court of New Jersey, Law Division conducted a trial and determined that the full unredacted appraisals were not available under OPRA; and WHEREAS, Mr. Tractenberg filed an appeal to the Superior Court of New Jersey, Appellate Division; and WHEREAS, on September 16, 2010, the Appellate Division issued its opinion wherein it determined that the appraisals were subject to release under OPRA, 416 N.J. Super. 354 (App. Div. 2010); and WHEREAS, Mr. Tractenberg's counsel, Richard Gutman, Esq., has submitted fee applications to the Appellate Division and the Law Division based upon the prevailing party provisions of OPRA; and WHEREAS, the total amount sought by Mr. Gutman in excess of $150,564; and WHEREAS, the Township Attorney has negotiated with Mr. Gutman in an attempt to resolve all pending litigation including the application for fees and expenses; and WHEREAS, after various negotiations, Mr. Gutman has agreed to resolve all claims upon payment of $69,500 no later than December 31, 2010; and WHEREAS, the Township has made the necessary fund transfers to satisfy this

settlement; and WHEREAS, the Township desires to resolve this matter once and for all without any further risk or expense; NOW, BE IT HEREBY RESOLVED, by the Township Council of Township of West Orange that the Township Attorney be and is hereby authorized to resolve any and all claims by Paul Tractenberg and Richard Gutman, Esq. upon payment of $69,500 in full satisfaction upon receipt of general releases from Mr. Tractenberg and Mr. Gutman including a waiver of any and all claims and expenses under any other statute, ordinance, rule or law; and it is further RESOLVED, that the Business Administrator be and is hereby authorized to take such steps and actions as is necessary and appropriate to implement this Resolution. Karen J. Carnevale, Municipal Clerk Sal M. Anderton, Council President Adopted: December 14, 2010