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KENNEDY v. UPPER MILFORD TP. ZHB

834 A.2d 1104 (2003)

Brian KENNEDY and Susan Kennedy, Husband and Wife v. UPPER MILFORD TOWNSHIP ZONING HEARING BOARD, Richard C. Dean, Robert Salaski, T. Richard Parker, MaryLou Stefanko, Individually and The Pennsylvania Turnpike Commission, Brian Kennedy and Susan Kennedy, Husband and Wife v. Upper Milford Township Zoning Hearing Board and The Pennsylvania Turnpike Commission, Appeal of the Pennsylvania Turnpike Commission.

Supreme Court of Pennsylvania.

Decided October 27, 2003.

Attorney(s) appearing for the Case

Jeffrey F. Champagne, David E. Lehman, Harrisburg, for Pennsylvania Turnpike Commission, Appellant.

Eleanor N. Ewing, Nelson A. Diaz, for City of Philadelphia, Appellant Amicus Curiae.

Anne K. Manley, Kimberly G. Krupka, Allentown, for Brian Kennedy et al.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice LAMB.

We granted allowance of appeal in this case in order to clarify the relationship between the "open meeting" requirement of the Commonwealth's Sunshine Act1 and the quasi-judicial deliberative responsibilities of local zoning hearing boards.2 We hold that quasi-judicial deliberations are a proper subject of private executive sessions...

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