Docket Sheet

Samuel Cortes and Fox Rothschild LLP v. Middletown Township

OOR Dkt. No.: AP 2021-0278
Case Status: Partially Affirmed by Commonwealth Court

03/19/2021

02/18/2021

Wolfe, Jill

Delaware

Request sought communications between the Township and Sunoco Pipeline, LP relating to Mariner East 2 Pipeline and records of payments made by Sunoco to the Township. Agency did not prove the records are confidential under the Public Utility Confidential Security Information Disclosure Protection Act or that records relate to a noncriminal investigation, exempt real estate records or reflect internal, predecisional deliberations. Agency did prove the disclosure of the records is likely to endanger the safety or physical security of public infrastructure. Granted in part and denied in part.

Clause Exemption Result
708 (b) (10) (i) A record that reflects: (A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency Granted
708 (b) (17) A record of an agency relating to a noncriminal investigation, including: (i) Complaints submitted to an agency. (ii) Investigative materials, notes, correspondence and reports. (iii) A record that includes the identity of a confidential source, including Granted
708 (b) (22) (i) The contents of real estate appraisals, engineering or feasibility estimates, environmental reviews, audits or evaluations made for or by an agency relative to the following: (A) The leasing, acquiring or disposing of real property or an interest in Granted
708 (b) (3) A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include: (i) documents or data Denied
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Statute/Law Refer to other superseding law/statute Granted
Docket Entries
Filed Description Step Court Document
06/29/2021 OOR Certified Record: Energy Transfer Appeal Court Filing Court of Common Pleas (CV-2021-003772)
06/29/2021 OOR Certified Record: Agency Appeal Court Filing Court of Common Pleas (CV-2021-003627)
04/19/2021 Agency Petition for Review Court Filing Court of Common Pleas (CV-2021-003627)
04/19/2021 Energy Transfer Petition for Review Court Filing Court of Common Pleas (CV-2021-003772)
03/18/2021 OOR Final Determination Final Determination
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