Legal Opinion · Dissent

Commonwealth, Department of Transportation v. Walsh/Granite JV

Commonwealth Court of Pennsylvania

Decided October 31, 2016No. 246 C.D. 2016Published

1Dissent

DISSENTING OPINION BY

JUDGE McCullough

I respectfully, dissent from the Majority’s thoughtful resolution of the narrow issue presented on appeal: whether section 9111 of the Public-Private Transportation Partnership Law (P3 Law),1 74 Pa.C.S. § 9111,2 exempts from disclosure the proposals of unsuccessful bidders made in *432connection with a bridge project, after the Department of Transportation (Department) awarded the contract. The Majority concludes that section 9111 shields this information from public inspection.

The objective of the Right-to-Know Law (RTKL)3 “is to empower citizens by affording…

2Cases cited6 opinions

  1. Levy v. Senate of PennsylvaniaSupreme Court of Pennsylvania · 2013
  2. Martin v. DOT, Bureau of Driver LicensingSupreme Court of Pennsylvania · 2006
  3. Commonwealth v. ShaferSupreme Court of Pennsylvania · 1964
  4. Karoly v. MancusoSupreme Court of Pennsylvania · 2013
  5. J. Ali v. Philadelphia City Planning CommissionCommonwealth Court of Pennsylvania · 2015

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