MCKELVEY v. PENNSYLVANIA DEPT. OF HEALTH

No. 3 MAP 2020 No. 4 MAP 2020 No. 5 MAP 2020.

255 A.3d 385 (2021)

Wallace MCKELVEY and PennLive and the Patriot-News v. PENNSYLVANIA DEPARTMENT OF HEALTH, and Mission Pennsylvania, LLC, KW Ventures Holding, LLC, Cresco Yeltrah, LLC, SMPD Manufacturing, LLC/SMPB Retail, LLC and Terrapin Investment Fund, 1, LLC (Direct Interest Participants) Appeal of: Terrapin Investment Fund 1, LLC Wallace McKelvey and PennLive and the Patriot-News v. Pennsylvania Department of Health, and Mission Pennsylvania, LLC, KW Ventures Holding, LLC, Cresco Yeltrah, LLC, SMPD Manufacturing, LLC/SMPB Retail, LLC and Terrapin Investment Fund, 1, LLC (Direct Interest Participants) Appeal of: SMPD Manufacturing, LLC and SMPB Retail, LLC Wallace McKelvey and PennLive and the Patriot-News v. Pennsylvania Department of Health, and Mission Pennsylvania, LLC, KW Ventures Holding, LLC, Cresco Yeltrah, LLC, SMPD Manufacturing, LLC/SMPB Retail, LLC and Terrapin Investment Fund, 1, LLC (Direct Interest Particpants) Appeal of: Pennsylvania Department of Health.

Supreme Court of Pennsylvania.

Decided: July 21, 2021.


Attorney(s) appearing for the Case

Judith Darlene Cassel, Esq. , Melissa Arn Chapaska, Esq. , Hawke McKeon & Sniscak, LLP, Kevin James McKeon, Esq. , Harrisburg, for Amicus Curiae Pennsylvania Cannabis Coalition.

Melissa Bevan Melewsky, Esq. , Pennsylvania NewsMedia Association, Harrisburg, for Amicus Curiae Pennsylvania NewsMedia Association.

Katie Rosetta Jacobs, Esq. , Alice Birmingham Mitinger, Esq. , Cohen & Grigsby, PC, Clifford B. Levine, Esq. , Pittsburgh, for Appellant Terrapin Investment Fund 1, LLC.

Joshua D. Bonn, Esq. , Nauman, Smith, Shissler & Hall, LLP, Harrisburg, for Appellee PennLive, Wallace McKelvey, et al.

Kevin Joseph Hoffman, Esq. , Jonathan David Koltash, Esq. , Mark Kovalcin, Esq. , Harrisburg, Carol J. Mowery, Esq. , Alison Taylor, Esq. , PA Department of Health, Harrisburg, for Appellee.

BAER, C.J., SAYLOR, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

In this appeal by allowance, we consider the contours of the Pennsylvania Right-to-Know Law ("RTKL")1 with respect to the disclosure of information contained in applications to grow, process, or dispense medical marijuana pursuant to the Pennsylvania Medical Marijuana...

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