City of Philadelphia Planning Commission v. Anderson

Case Number: 23 12 00944

Court: Philadelphia County Court of Common Pleas

Client: Faye Anderson

Entry of Appearance Filed: Dec. 13, 2023

Background: In July 2023, journalist Faye Anderson, founder of PHL Watchdog, filed a public records request under Pennsylvania’s Right-to-Know Law seeking access to records from the City of Philadelphia Planning Commission related to the Philadelphia 76ers’ proposal to build a new sports arena in the city’s historic Chinatown. The request specifically sought “written or email communications” between members of the Planning Commission and a wide range of city officials, developers, and others during a roughly five-month period in 2023.

After the city failed to respond to the request, Anderson appealed to Pennsylvania’s Office of Open Records. In a position statement submitted to the OOR, the city claimed that Anderson’s request was too broad, repetitive, and overly burdensome. It also argued that the records would likely be exempt from disclosure under the Right-to-Know Law.

The OOR issued its final determination in November 2023, finding partially in Anderson’s favor. The OOR concluded that Anderson’s request was neither overly burdensome nor repetitive, and that the city failed to prove that the requested records were exempt from disclosure under the public records law. While the OOR concluded that portions of the request were sufficiently specific, however, it held that other portions of the request were too broad.

The OOR ordered the city to search for responsive records and turn them over to Anderson within 30 days. Instead, the city has appealed the OOR’s decision to the Philadelphia County Court of Common Pleas.

Paula Knudsen Burke, the Reporters Committee’s Local Legal Initiative attorney for Pennsylvania, began representing Anderson in this matter in December 2023.

Related: Burke represents Anderson in a public records case against the Southeastern Pennsylvania Transportation Authority (SEPTA). In that case, which is being litigated in the Pennsylvania Commonwealth Court, Anderson also seeks agency records related to the Philadelphia 76ers’ proposed sports arena.

Updates:

• In February 2024, the Philadelphia County Court of Common Pleas granted Anderson’s request to consolidate City of Philadelphia Planning Commission v. Anderson with two similar matters in which the journalist is also seeking to obtain public records related to the Philadelphia 76ers’ proposed sports arena from the Philadelphia Law Department and the mayor’s office. Burke represents Anderson in the consolidated cases.
• On June 17, 2024, the court ordered a pause in the litigation while the city releases records on a rolling production schedule.
• After meeting twice in October 2024, the parties agreed that 184 out of 621 claimed exemptions were valid because they contain personal email address or phone numbers. Both parties then filed a joint stipulation asking the court to remand the case to the OOR to resolve issues related to the remaining records in dispute. 

Filings:

2023-11-20: Office of Open Records final determination

2023-12-07: Agency notice of appeal

2023-12-13: Entry of appearance

2024-01-30: Requester motion to consolidate appeals

2024-02-26: Court order granting consolidation 

2024-03-28: OOR consolidated certified record

2024-04-29: Agency motion for relief

2024-05-10: Requester answer in opposition to relief

2024-05-15: Court order granting relief

2024-06-11: Agency stipulation agreement

2024-06-17: Court order approving stipulation

2024-11-01: Joint stipulation to remand consolidated cases to the OOR