Stein v. Plymouth Township
Commonwealth Court of Pennsylvania
994 A.2d 1179
April 26, 2010
The Commonwealth Court ruled that complaints initiating property enforcement actions, including the names of the people who made the complaints, are exempt from disclosure under the Right to Know Law’s noncriminal investigation exception.
Background
Following the commencement of a zoning enforcement action against his properties, Burton Stein submitted a Right to Know Law request to Plymouth Township seeking the complaints about his property that prompted the start of the enforcement action.
The township denied the request invoking the noncriminal investigations exception of the RTKL, which exempts “complaints submitted to an agency.”
Stein appealed to the Office of Open Records, arguing that he is entitled to find out the complaining person’s name, but the OOR denied his appeal.
He then appealed to a county court, which affirmed the OOR’s decision. Stein appealed that decision to the Commonwealth Court.
Commonwealth Court Decision
The Commonwealth Court held that the township correctly denied Stein’s request for the name of the person who complained about his property.
The court explained that this information relates to a noncriminal investigation, and the RTKL exempts “all information ‘relating to a noncriminal investigation.’”