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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