Final Determination Record

Burns v. Pennsylvania Liquor Control Board

OOR Dkt. No.: AP 2019-0978
Case Status: Affirmed by Commonwealth Court


Request sought the number of liquor license in each county available for auction. Agency did not prove that the records are exempt under the Liquor Code or the Fiscal Code and did not prove that the records are internal, predecisional and deliberative, trade secrets or would result in a loss of funding. Granted.

  • Section 708(b)(1)(i) - result in the loss of Federal or State funds
  • Section 708(b)(1)(ii) - risk of physical harm to or the personal security of an individual
  • Section 708(b)(10) - Internal, predecisional deliberations and strategy.
  • Section 708(b)(10)(ii) Subparagraph (i)(A) shall apply to agencies subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) in a manner consistent with 65 Pa.C.S. Ch. 7. A record which is not otherwise exempt from access under this act and which is presented to a quorum for deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be a public record.
  • Section 708(b)(10)(iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds.
  • Section 708(b)(10)(iv) This paragraph shall not apply to the results of public opinion surveys, polls, focus groups, marketing research or similar effort designed to measure public opinion.
  • Section 708(b)(11) - Trade secret or confidential proprietary information.
  • Refer to other superseding law/statute

Filings Received by OOR
Filed Adjudicator Description or File Name Document
06/16/2020 Commonwealth Court Court Order - OOR Affirmed
12/10/2019 Commonwealth Court Application for Extension of Time to file Brief
02/12/2020 Commonwealth Court Reply Brief
11/27/2019 Commonwealth Court Reproduced Record
11/27/2019 Commonwealth Court Brief in Support
10/23/2019 Commonwealth Court Motion for Extension to file Brief and Reproduced Record
09/18/2019 Commonwealth Court OOR Certified Record
09/16/2019 Commonwealth Court Entry of Appearance
08/30/2019 Commonwealth Court Statement of Issues
08/30/2019 Commonwealth Court Docketing Statement
08/26/2019 Commonwealth Court Court Notice of Filing
08/22/2019 Commonwealth Court Petition for Review
07/24/2019 OOR Final Determination