August 28, 2013
CHESTER COMMUNITY CHARTER SCHOOL, Petitioner
DANIEL HARDY, ON BEHALF OF PHILADELPHIA NEWSPAPER, LLC D/B/A THE PHILADELPHIA INQUIRER, Respondents
Petition for Allowance of Appeal from the Published Opinion and Order of the Commonwealth Court at No. 1427 CD 2010, at 38 A.3d 1079 (Pa. Cmwlth. 2012) filed February 29, 2012, affirming the Order of the Delaware County Court of Common Pleas at No. 2009-7473 filed June 21, 2010
AND NOW, this 28th day of August, 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED to the following issue as framed by Petitioner:
Does the Right-to-Know Law preclude a local agency from arguing on appeal to the Office of Open Records and to subsequent courts the bases for denying access to a requested record that were not specifically cited in the agency's initial denial of the request for access?
The Commonwealth Court's decision is VACATED and the matter is REMANDED for reconsideration in light of Levy v. Senate of Pennsylvania, ___Pa. ___, 65 A.3d 361 (2013); see Chester Cmty. Charter Sch. v. Hardy, 38 A.3d 1079, 1087 (Pa. Cmwlth. 2012) ("Some of the records sought by Requester may reach beyond the governmental function performed by Management, but Charter School failed to so specify them in its written March 9, 2009, response."), without prejudice to Petitioner's ability to raise its other issues in a timely request for discretionary review following the Commonwealth Court's disposition on remand.