Chester Water Auth. v. PA. DCED - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT NOLAN FINNERTY, Petitioner v. PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, Respondent : : : : : : : : : : : : : No. 262 EAL 2019 Petition for Allowance of Appeal from the Order of the Commonwealth Court ORDER PER CURIAM AND NOW, this 31st day of December, 2019, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are: (1) Whether the Commonwealth Court erred in extending the internal, predecisional deliberative exception under Section 708(b)(10)(i) of the Pennsylvania Right to Know Law to public information shared with agency subcontractors having no direct or proper contractual relationship with the agency? (2) Whether the Commonwealth Court erred in mooting Petitioner’s objections to the assertion of the attorney client privilege and attorney work product as a result of an unsolicited eleventh-hour production, without consideration for the issue’s repetition and public importance as it relates to the production of public information under Pennsylvania’s Right-to-Know Law? These cases are consolidated for purposes of argument and disposition.

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