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DEPT. OF ENVIRONMENTAL PROTECTION v. COLE

No. 2035 C.D. 2011

52 A.3d 541 (2012)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, v. Vera COLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 12, 2012.

Attorney(s) appearing for the Case

Jacqueline Conforti Barnett , Assistant Counsel, Harrisburg, for petitioner.

Vera Cole, pro se.

Benjamin A. Lorah , Harrisburg, for amicus curiae Pennsylvania Office of Open Records.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and COVEY, Judge.

OPINION BY Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Environmental Protection (Department) petitions for review of a final determination of the Office of Open Records (Open Records) granting Vera Cole's appeal from the Department's denial of her Right-to-Know Law1 request. The Department denied Cole's request for the stated reasons that it did not have the records requested in the format requested. Nevertheless, the...

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