The board governing Penn State's Dickinson School of Law decided to postpone its Feb. 7 meeting after a county judge ruled Monday that the board is subject to the Sunshine Act and, therefore, must open future meetings to the public and press.

LeRoy Zimmerman, chairman of the board, said he filed an appeal yesterday to the Commonwealth Court of Pennsylvania.

"We believe very strongly on the advice of our legal counsel that we are not an agency and we are not a committee of Penn State," Zimmerman said.

He said the board is a "nonprofit corporation," and therefore, is not subject to the Sunshine Act.

The Sunshine Act states that the public has a right to "witness the deliberation, policy formulation and decision making of agencies." The board's meetings have been closed for 150 years, Zimmerman added.

The Sentinel of Carlisle and The Patriot-News of Harrisburg sued the law school and its board of governors to open meetings after a confidential memo recommending moving the school from Carlisle to University Park was leaked to The Sentinel.

Dean Philip McConnaughay sent the memo to members of the Board of Governors in November. The board will make the final decision about relocating the school.

Carol Talley, executive editor at the Sentinel, said Cumberland County Common Pleas Judge Edward E. Guido granted the two newspapers a preliminary injunction, meaning the board would have to open and advertise its Feb. 7 meeting or cancel it.

"We wanted the meetings open because they are of high public interest and because Dickinson is an arm of Penn State, and we believe that the Board of Governors and such is not a private organization," Talley said. "It is actually a committee of Penn State, which would make it come under the Sunshine Law."

In November, Commonwealth Court Judge Renee Cohn dismissed the suit for a preliminary injunction to open board meetings on Nov. 21 and 22.

"She stated that the need for relief was not immediate and clear and that it had not been proven that the public would suffer irreparable harm if the meetings took place," the Sentinel reported.

In his ruling, Guido wrote, "Of most significance is the terminology of the Sunshine Act itself which refers to 'committees' as being 'authorized by the body to take official action or render advice' in connection with the body's business."

Penn State spokesman Bill Mahon said he could not comment on the judge's ruling beyond the following statement:

"We believe it's an erroneous judgement, and there are grounds for appeal," Mahon said. "We believe the higher courts will ultimately decide in favor of the Board of Governors."