Housing Authority of Pittsburgh v. Van Osdol
2012 Pa. Commw. LEXIS 87
Pa. Commw. Ct.2012Background
- Van Osdol requested the addresses and owner names for all Section 8 properties run by the Authority on July 20, 2010.
- The Authority denied disclosure citing exemptions under 708(b)(6)(i)(C), (28)(i)/(ii)(A), and (30).
- OOR ordered disclosure on September 22, 2010, finding the information facially not exempt.
- The Authority filed a statutory appeal naming OOR as appellee; Van Osdol was invited to participate but was not joined as a party of the record.
- The trial court dismissed for lack of jurisdiction, ruling Van Osdol’ s joinder was indispensable; on the merits, it found exemptions did not apply.
- The Commonwealth Court vacated and remanded to affirm OOR, holding the Authority may not rely on unwritten grounds not included in the written denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction based on party joinder | Authority: designation of OOR as appellee preserves jurisdiction; no need to join Van Osdol. | Van Osdol: proper joinder required to invoke court’s jurisdiction. | Subject-matter jurisdiction exists; failure to join Van Osdol did not defeat jurisdiction. |
| Whether addresses and owner names are exempt | Authority: disclosure would identify social-service recipients and the type of services. | Van Osdol/Agency: exemptions apply and disclosure would reveal recipients. | Exemptions do not facially apply; records not inherently identifying recipients. |
| Reliance on grounds not in written denial | Authority: additional exemptions raised on appeal permitted. | OOR decision must rely on grounds stated in the written denial. | Cannot rely on grounds not in the written denial; remand to affirm OOR. |
Key Cases Cited
- East Stroudsburg University Foundation v. Office of Open Records, 995 A.2d 496 (Pa.Cmwlth.2010) (distinguishes jurisdiction from standing in open-records appeals)
- Pennsylvania State Education Association v. Dep't of Community and Economic Development, Office of Open Records, 4 A.3d 1156 (Pa.Cmwlth.2010) (failure to join indispensable party in declaratory action controls jurisdiction in original action but not statutory appeal)
- Signature Info. Solutions, LLC v. Aston Twp., 995 A.2d 510 (Pa.Cmwlth.2010) (writing of denial must state specific reasons and authorities)
- Pass v. Dep't of Transp., Bureau of Driver Licensing, 804 A.2d 77 (Pa.Cmwlth.2002) (statutory appeal confers jurisdiction; rules governing joinder and timeliness)
- Daly v. Darby Twp. Sch. Dist., 434 Pa. 286, 252 A.2d 638 (1969) (jurisdiction/standing distinctions and waiver principles)
- Wm. Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975) (standing is non-jurisdictional and waivable)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (exemptions from disclosure must be narrowly construed)
- Allegheny County Dep't of Admin. Servs. v. A Second Chance, Inc., 13 A.3d 1025 (Pa.Cmwlth.2011) (narrow construction of exemptions; evidence required for withholding)