Scott v. Delaware Valley Regional Planning Commission

DISSENTING OPINION BY

Judge McCullough.

I must respectfully dissent from the Majority’s decision not to adhere to the doctrine of collateral estoppel in this case and thus preclude the Delaware Valley Regional Planning Commission (“DVRPC”) from contending that it is not a Commonwealth agency subject to the Right to Know Law (RTKL),1 despite a prior determination by the Office of Open Records (OOR) to the contrary in Iverson v. Delaware Valley Regional Planning Commission, AP 2011-0572, filed July 19, 2011. It is noted that the DVRPC did not appeal Iverson to this Court although it had the…