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Legal Opinion

Kadi Appeal

Pennsylvania Court of Common Pleas, Lehigh County

Decided October 10, 1980No. 79-C-3377Published

1Opinion of the Court

WIEAND, J.,

Specially Presiding,

Must a social member of a rod and gun club recuse himself upon request from sitting as a member of a zoning hearing board which hears an appbcation for special exception by the same rod and gun club? We conclude that such membership creates at least an appearance of prejudice which should have compelled disqualification. Therefore, we will reverse and remand for a new hearing.

*147The Zoning Officer of Lynn Township had denied an application by the Ontelaunee Rod and Gun Club for a special exception to install lighting to permit trap shooting at night. The club…

2Cases cited6 opinions

  1. In Re Murchison.Supreme Court of the United States · 1955
  2. Horn v. Township of HilltownSupreme Court of Pennsylvania · 1975
  3. Schlesinger AppealSupreme Court of Pennsylvania · 1961
  4. Zell v. Borough of RoselandNew Jersey Superior Court Appellate Division · 1956
  5. Commonwealth v. DouglasSupreme Court of Pennsylvania · 1975

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