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MISSION PENNSYLVANIA, LLC v. McKELVEY

No. 185 C.D. 2018 No. 186 C.D. 2018 No. 187 C.D. 2018 No. 188 C.D. 2018 No 189 C.D. 2018 No. 190 C.D. 2018.

212 A.3d 119 (2019)

MISSION PENNSYLVANIA, LLC, Petitioner v. Wallace McKELVEY and PennLive and The Patriot-News, Respondents Terrapin Investment Fund 1, LLC, Petitioner v. Wallace McKelvey and PennLive and The Patriot-News, and The Pennsylvania Department of Health, Respondents SMPD Manufacturing, LLC and SMPB Retail, LLC, Petitioners v. Wallace McKelvey, PennLive and The Patriot-News, Respondents Cresco Yeltrah, LLC, Petitioner v. Wallace McKelvey, PennLive and the Patriot-News, Respondents Pennsylvania Department of Health, Petitioner v. Wallace McKelvey and PennLive, Respondents KW Ventures Holdings, LLC, Petitioner v. Wallace McKelvey and Pennlive and the Patriot-News, Respondents.

Commonwealth Court of Pennsylvania.

Decided June 4, 2019.

Attorney(s) appearing for the Case

William G. Roark , Lansdale, for designated petitioner Mission Pennsylvania, LLC.

Jonathan D. Koltash , Senior Counsel, Harrisburg, for designated petitioner Pennsylvania Department of Health.

Clifford B. Levine , Pittsburgh, for designated petitioner Terrapin Investment Fund 1, LLC.

Joshua D. Bonn , Harrisburg, for respondents Wallace McKelvey, PennLive, and The Patriot-News.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

These consolidated appeals arising from an access dispute under the Right-to-Know Law (RTKL)1 involve complex procedural and substantive questions, including the public nature of applications under the Medical Marijuana Act (Act).2...

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