• Mountz v. Columbia Borough

    Publication Date: 2021-07-26
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0843

    Trial court properly found borough's environmental assessment reports were exempt, under §708(b)(22)(i)(A) of the Right-to-Know Law, from disclosure as relating to a potential acquisition because while real property purchase need not be finalized, the parties had to be past the point in time that the sales agreement could be avoided without penalty to the buyer. Affirmed.

  • Hahn v. Lawrence County

    Publication Date: 2021-06-28
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0620

    Petitioner was not entitled to attorney fees under the Right-to-Know Law where the court was not reversing a final determination of an appeals officer or granting access to a record after access was denied and, inter alia, respondent did not act willfully or with wanton disregard to deprive petitioner of access to any public record or otherwise act in bad faith. The court of common pleas affirmed.

  • Hahn v. Wilmington Twp.

    Publication Date: 2021-06-07
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0537

    The Office of Open Records did not err in denying petitioner's request for certain documents, including invoices for legal services rendered on behalf of Wilmington Township, where the evidence demonstrated that that the Township made a good faith effort to locate any responsive records but found none. The court of common pleas recommended affirmance of verdict.

  • In re Appeal of Johnson

    Publication Date: 2021-05-31
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0604

    Trial court did not err in finding that records requester sought of a police welfare check on her mother were generated as part of an investigation into the safety of mother in response to a complaint from a confidential source and were exempt under §708(b)(17) as noncriminal investigation records. Affirmed.

  • Chester Water Auth. v. Pennsylvania Dep't of Cmty. & Econ. Dev.

    Publication Date: 2021-05-10
    Practice Area: Public Records
    Industry: Consulting | State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0509

    The commonwealth court erred in concluding that communications exchanged between a commonwealth agency and a private consultant could be shielded from disclosure under the Right-to-Know Law's pre-decisional deliberations exception. The high court reversed in part and affirmed in part.

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  • Cent. Dauphin Sch. Dist. v. Hawkins

    Publication Date: 2021-05-03
    Practice Area: Public Records
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0481

    School bus video could be disclosed under the Right-to-Know Law where the single incident of disclosure would not run afoul of privacy protection for educational records under the Family Educational Rights and Privacy Act, especially where student identities could be shielded such that parental consent for disclosure would not be required. Order of the trial court affirmed, case remanded.

  • Wilmington Twp. v. Hahn

    Publication Date: 2021-04-19
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0353

    The court struck a petition to enforce an Office of Open Records decision where a settlement agreement memorialized by a praecipe was lawfully concluded by counsel and appellant offered no proof of any extraordinary cause to justify striking the corresponding discontinuance. The court denied appellant's petition.

  • Office of Gen. Counsel v. Bumsted

    Publication Date: 2021-03-08
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0251

    Because judicial appointees were neither hired nor overseen by the governor or a commonwealth agency, they did not qualify as agency employees whose applications were exempt from disclosure under the Right-to-Know Law; however, they were still entitled to notice of production and opportunity to be heard under the constitutional right of privacy. Order of the OOR affirmed in part and vacated and remanded in part.

  • Dep't of Revenue v. Wagaman

    Publication Date: 2021-03-01
    Practice Area: Public Records
    Industry: Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0225

    Office of Open Records properly granted access to certain tax records in a neighborhood improvement zone under the RTKL because department did not prove that tax totals of NIZ revenue from certain types of taxes were statutorily exempt and OOR properly directed disclosure of tax totals for taxes in the other taxes category, where revenue was generated by three or more taxpayers and taxpayer's tax liability was not readily discernible from agency's disclosure of the requested information. Affirmed.

  • In re: Petition of Pesaresi

    Publication Date: 2021-03-01
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0143

    The court refused to consider a petition seeking to correct an alleged naming error on the birth certificate of petitioner's ancestor, thereby acting in conformity with Chester County decisions which have uniformly refused to act in similar cases for want of subject matter jurisdiction. The court denied petitioner's motion for reconsideration.