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January 25, 2012 I Volume 61 No. 2 Zoning Bulletin <br />The Board had argued that a "consultation with legal counsel" was <br />"co-extensive with the common -law attorney - client privilege." The <br />Board contended that legislators intended that the "consultation with <br />legal counsel" exception from the Right -to -Know Law's public meeting <br />requirements was meant to allow public bodies to enter nonpublic ses- <br />sions to discuss the written advice of counsel. The court disagreed, and <br />instead noted that the Right -to- Know Law operated as a statutory public <br />waiver of any possible evidentiary privilege of the public client except in <br />the narrow circumstances stated in the statute. <br />See also: District Atty. for Plymouth Dist. v. Board of Selectmen of Mid - <br />dleborough, 395 Mass. 629, 481 N.E.2d 1128, 12 Media L. Rep. (BNA) <br />1064 (1985). <br />Case Note: The Court noted that the public records disclosure law <br />provided an exception, in RSA 91 --A:5, IV, for any "confidential" in- <br />formation. The Court found this was further evidence that the leg- <br />islature did not intend the consultation with legal counsel exclusion <br />of RSA 910A:2 to allow a public body to close a meeting when- <br />ever its discussion turned to advice received from its attorney who is <br />neither physically present nor present telephonically and is therefore <br />unable to participate in the discussion. <br />Case Note: The Ettingers had sought attorney's fees. The Court <br />found they were not warranted here because the Board prior to <br />this decision lacked guidance from the Court on this "narrow is- <br />sue." The Court did not award attorney's fees because it could not <br />say that the Board should have known that its nonpublic session vi- <br />olated the Right -to -Know Law. <br />Proceedings —After ZBA Approves Use Variance, <br />Opponents Appeal <br />Opponents say approval is invalid because composition of <br />the ZBA was impermissible under state statute <br />Citation: Friends of H. Fletcher Brown Mansion v. City of Wilmington, <br />2011 WL 6148717 (Del. 2011) <br />DELAWARE ( 12112111 )—This case addressed the issue of whether a <br />State statute governing the composition of zoning boards of adjustments <br />( "ZBAs ") in cities or incorporated towns without a home rule charter al- <br />lowed city officers to delegate agents to sit on the ZBA in their place. <br />4 © 2012 Thomson Reuters <br />