This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: noncriminal investigation

Court Denies Summary Relief to Further Develop Record as to Extent of DOC’s Noncompliance with OOR Determination

In this Right-to-Know Law (“RTKL”) case arising from an appeal to the Office of Open Records (“OOR”), the Commonwealth Court was presented with a petition alleging that a state agency had failed to disclose all responsive records, as ordered by OOR, and a request for statutory sanctions.  In denying cross motions for summary relief, the court chose to allow the matter to develop further to determine the extent of the Department of Corrections’ (“DOC”) noncompliance with the OOR final determination.

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Evidence Supporting Exemption Not Necessary Where Request Clearly Falls Within RTKL Exemption

In this appeal from a final determination of the Office of Open Records, the Commonwealth Court was asked to determine whether an agency’s failure to present evidence in support of their claimed exemption from disclosure under the Right-to-Know Law (RTKL), amounted to a default determination requiring disclosure. In finding that it did not, the court held that where the plain language of a request falls within an exemption, additional evidence is unnecessary.

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