It appears that the Board, after being told that "legal matters" are not included in § 55-79.75.C as issues that may be discussed in executive session, has replaced "legal matters" with "probable litigation" to justify meeting in executive session.
The Board may lawfully meet in executive session to discuss "probable litigation" which is defined in § 55-79.74:1.C.3 as "those instances where there has been a specific threat of litigation from a party or the legal counsel of a party".
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