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Plaistow ZBA holds nonpublic session to seek legal advice under RSA 91‑A
Summary
At the July 30 meeting, the Plaistow ZBA voted to go into nonpublic session to receive legal advice under RSA 91‑A before returning to public session and continuing with the agenda. Legal counsel said written legal advice remains privileged.
A member moved on July 30 that the Plaistow Zoning Board of Adjustment go into nonpublic session "to discuss RSA 91 a dash 3 ... consideration of legal advice as permitted by law." The motion was seconded, the board conducted a roll‑call, and the members entered nonpublic session to consult with counsel. The public meeting record shows the board returned to public session at 7:21 p.m.
Legal counsel told members that while letters and correspondence can be public, the attorney’s legal opinions and advice provided to the board are privileged. Counsel said those communications distributed to the board remain privileged even if some members had previously received the letters; counsel suggested reserving detailed legal analysis for nonpublic sessions in appropriate circumstances. The board then resumed the public meeting and proceeded to vote on agenda business.
