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COM., OFFICE OF GOVERNOR v. DONAHUE

No. 376 M.D. 2012.

59 A.3d 1165 (2013)

COMMONWEALTH of Pennsylvania, OFFICE OF the GOVERNOR, Petitioner, v. Sean DONAHUE and the Office of Open Records, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 23, 2013.

Reargument Denied February 22, 2013.

Attorney(s) appearing for the Case

Thomas P. Howell , Assistant Counsel, Harrisburg, for petitioner.

Charles Rees Brown , Senior Attorney, Harrisburg, for respondent Office of Open Records.

BEFORE: PELLEGRINI, President Judge, and LEADBETTER, Judge (P.) and BROBSON, Judge.

OPINION BY Judge BROBSON.

Before the Court are the cross-applications for summary relief filed by Petitioner Office of the Governor (the Office) and Respondent Office of Open Records (OOR). The Office seeks a declaratory judgment that under Section 901 of the Right-to-Know Law (RTKL)1 the five-day timeframe within which an agency is required to respond to a written request for records begins on the day on which an

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