Ali v. Philadelphia City Planning Commission

42 Pa. D. & C.5th 394, 2014 Phila. Ct. Com. Pl. LEXIS 364
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedSeptember 26, 2014
DocketNos. 1553 and 2308; 1335 CD 2014
StatusPublished

This text of 42 Pa. D. & C.5th 394 (Ali v. Philadelphia City Planning Commission) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ali v. Philadelphia City Planning Commission, 42 Pa. D. & C.5th 394, 2014 Phila. Ct. Com. Pl. LEXIS 364 (Pa. Super. Ct. 2014).

Opinion

PADILLA,/,

JihadAli (“Ali”) appeals from this court’s order of June 30,2014, denying his appeal from the final determination of the Pennsylvania Office of Open Records (“OOR”) and upholding the decision of the OOR.

FACTUAL AND PROCEDURAL HISTORY

On April 15, 2013, Jihad Ali (“appellant”) filed a Pennsylvania Right to Know Law (“RTKL”) request seeking ali public records in the possession of the Philadelphia City Planning Commission (“appellee”) from 2003 to the present time relating to the revitalization and [396]*396redevelopment of the 60th Street Commercial corridor.

On May 22, 2013, appellee denied the request in part, redacting the following pursuant to the Copyright Act, 17 U. S. C. §§ 101 etseq. as follows:

In the document entitled “Affordable Rental Housing Development Proposal-60th Street Corridor,” architectural drawings of the floor plans have been redacted from pages 45 through 50. A map of “community services” in the 60th Street has been redacted from page 53.
In the document entitled “60th Street Commercial Corridor UP.UD Assessment,” maps, architectural schematics, and artists’ renderings have been redacted from pages 18, 21, 45, 47, 49, 51, 53-54, 56, 59,64, 67, 70, 74, 77, 79, 81, 83, 85-91, 94-98, and 100. Descriptions of each redacted item can be found in the unredacted titles on the relevant pages.
In the document entitled “60th Street Property Analysis,” maps and artists’ renderings have been redacted from pages 2,4,10, 13,14,16 and 19. Artists’ renderings have been redacted from pages 13 and 19 depicting the finished projects described therein, and the remainder of the redactions are maps depicting the boundaries of the referenced sites and/or projects.

See City of Philadelphia’s Denial Letter, May 22, 2013.

Additionally, appellee redacted information it claimed was exempt from disclosure as confidential proprietary information pursuant to 65 P. S. § 67.708(b)(ll). Specifically, “[ijnthe document entitled4 Affordable Rental Housing Development Proposal-60th Street Corridor,’ the following confidential proprietary information has been [397]*397redacted on pages 29, 30, and 33; a pro forma financial statement and an operating budget balance sheet.” See City of Philadelphia’s Denial Letter, May 22, 2013.

On June 13, 2013, appellant appealed that decision to the OOR.

On June 25, 2013, appellee provided its position statement and statement made under penalty of perjury by Steven Williams, Executive Director of the Partnership Community Development Corporation (“The Partnership CDC.”) Appellant also filed his position statement.

On July 23,2013, the OOR issued its final determination, granting appellant’s appeal in part and denying it in part. The OOR required appellee to provide without redaction the “Affordable Rental Housing Development Proposal-60th Street Corridor” on pages 29,30, and 33; a pro forma financial statement and the operating budget balance sheet” that had been redacted as proprietary confidential information within thirty (30) days of the mailing date of the determination. In the same determination, the OOR denied appellant’s request for the information protected under federal copyright law.

On August 15,2013, appellant filed a notice of statutory appeal in this court.

On August 16, 2013, appellant filed a motion to amend the caption and change the respondent from the Office of Open Records to the Philadelphia City Planning Commission.

On August 22, 2013, appellee filed a statutory appeal in this court in opposition to the OOR’s decision to grant appellant access to the budget balance sheets and pro forma financial statements; that matter was administratively consolidated with appellant’s appeal as both matters [398]*398involved the same agency decision.1

On September 12, 2013, this court granted appellant’s motion and amended the caption to Jihad A li v. Philadelphia City Planning Commission.

On November 27, 2013, the certified record was received.

On January 6, 2014, appellant filed his brief, arguing that the Commonwealth of Pennsylvania has the statutory authority to nullify federal copyright law’s “fair use” doctrine, and that the OOR failed to apply federal preemption doctrines to resolve the conflict between federal copyright law and state right-to-know-law.

On January 6,2014, appellee filed its brief on the cross-appeal from the decision of the OOR, arguing that the OOR should have denied appellant’s appeal on the basis that the material responsive to his request constituted the confidential proprietary information of a third party. That same day, appellee filed a motion to supplement the record with an additional affidavit.

On Januaiy 31,2014, appellant filed an additional brief in opposition of appellee’s cross-appeal. He averred that the records the OOR requested the City to disclose were not covered under the exemption in Section 708(b)(ll) of the RKTL, because the agency must establish that the documents are both confidential proprietary information and trade secrets, and the agency did not meet its burden under the statute.

On February 3, 2014, appellee filed its brief, arguing that appellant’s appeal should be denied and the OOR’s [399]*399decision should be upheld in part and overturned in part. Appellee argued that the OOR properly denied appellant’s appeal for the materials protected by copyright, and that appellant did not properly interpret the Fair Use Doctrine, and further that the Fair Use Doctrine has no application under the RTKL.

On February 18, 2014, appellant filed a reply to appellee’s brief.

On February 28, 2014, this court granted appellee’s motion to supplement the record.

On March 5, 2014, appellant filed a praecipe to supplement and attach a corrected reply brief of that originally filed February 18, 2014.

On March 18, 2014, the court heard oral argument on the merits of this case. Appellant again argued that Federal Copyright Law preempts the Pennsylvania RTKL. Notes of Testimony, hereinafter N. T, 3/6/14 at 4-5. Appellee, on the other hand, averred that when they get to a copyrighted document, the sole inquiiy they conduct is whether it is protected by copyright; if it is protected, the city then ends its inquiry. N. T. 3/6/14 at 10. Appellant argued that the case was not moot, as this was a situation where appellant would be repeatedly denied access, and because it is a question of importance to the public interest. N. T. 3/6/14 at 15-16. Appellee responded that appellant had already obtained the records at issue from another source, and additionally, that there was no question every denial of a request could be appealed, and that there is not significant public interest involved, as the question presented is simply whether or not appellant should access certain drawings. N. T. 3/6/14 at 18-19.

Additionally, appellant argued he should be entitled to [400]*400attorney’s fees for the costs of prosecuting the case, as it was a matter of public interest. N. T. 3/6/14 at 21.

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Bluebook (online)
42 Pa. D. & C.5th 394, 2014 Phila. Ct. Com. Pl. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ali-v-philadelphia-city-planning-commission-pactcomplphilad-2014.