Arneson (Open Records) v. Gov. Wolf, et al (dissenting)

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[J-45-2015] [MO: Baer, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT ERIK ARNESON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE OFFICE OF OPEN RECORDS, AND SENATE MAJORITY CAUCUS : : : : : : : : v. : : : THOMAS W. WOLF, IN HIS OFFICIAL : CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, : : DEPARTMENT OF COMMUNITY AND : ECONOMIC DEVELOPMENT, AND : OFFICE OF OPEN RECORDS : : APPEAL OF: THOMAS W. WOLF, IN HIS : : OFFICIAL CAPACITY AS GOVERNOR : OF THE COMMONWEALTH OF PENNSYLVANIA AND DEPARTMENT OF : : COMMUNITY AND ECONOMIC : DEVELOPMENT No. 51 MAP 2015 Appeal from the Order of the Commonwealth Court at No. 35 MD 2015 dated June 10, 2015 ARGUED: September 9, 2015 DISSENTING OPINION MADAME JUSTICE TODD DECIDED: October 27, 2015 For the reasons ably expressed by President Judge Pellegrini in his dissent below, see Arneson v. Wolf, 117 A.3d 374 (Pa. Cmwlth. 2015) (Pellegrini, P.J., dissenting), I conclude Governor Wolf acted within his constitutional authority in removing the Executive Director of the Office of Open Records, and so I would reverse the order of the Commonwealth Court. Accordingly, I dissent.

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