McVAY ET AL. v. Z. H. B., NEW BETH. B.

No. 2920 C.D. 1983.

91 Pa.Commw. 287 (1985)

John McVay, Executor of the Estate of Susan McVay, Deceased, and Federal Development, Inc. v. Zoning Hearing Board of the New Bethlehem Borough, Clarion County, Pennsylvania. New Bethlehem Borough, Appellant.

Commonwealth Court of Pennsylvania.

August 21, 1985.


Attorney(s) appearing for the Case

William R. Strong, for appellant, New Bethlehem Borough.

No appearance for appellee.

Submitted on briefs July 2, 1985, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE CRAIG, August 21, 1985:

Where a majority of the members of a zoning hearing board, before being appointed to that board, had signed and filed petitions in opposition to the adoption of a zoning ordinance amendment to rezone property for a low cost housing project, is their subsequent action as board members, denying a special exception for the same project, void by reason of bias?

New Bethlehem Borough Council v. McVay,

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