Legal Opinion

Kennedy v. Upper Milford Township Zoning Hearing Board

Supreme Court of Pennsylvania

Decided October 27, 2003PublishedCited by 28 opinions

1Opinion of the Court

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 *1106the quasi-judicial deliberative responsibilities of local zoning hearing boards.2 We hold that quasi-judicial deliberations are a proper subject of private executive sessions.

The Commonwealth of Pennsylvania Turnpike Commission (“Commission”) as the owner of a small parcel of land3 improved since the 1950’s with a radio communications tower and located on South Mountain in Upper Milford Township (“Township”), Lehigh…

2Cases cited47 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  3. United States v. MorganSupreme Court of the United States · 1941
  4. Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1981
  5. Hertzberg v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1998

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3Cited by28 opinions

  1. Board of Revision of Taxes, City of Philadelphia v. City of PhiladelphiaSupreme Court of Pennsylvania · 2010
  2. Riverwalk Casino, L.P. v. Pennsylvania Gaming Control BoardSupreme Court of Pennsylvania · 2007
  3. Siekierda v. Com., Dept. of Transp.Supreme Court of Pennsylvania · 2004
  4. Cheyenne Newspapers, Inc. v. Building Code Board of AppealsWyoming Supreme Court · 2010
  5. Society Hill Civic Ass'n v. Philadelphia Board of License & Inspection ReviewCommonwealth Court of Pennsylvania · 2006

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