Legal Opinion

McVay v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided August 21, 1985No. Appeal, No. 2920 C.D. 1983PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Judge Craig,

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, 78 Pa. Commonwealth Ct. 167, 467 A.2d 395 (1983) (McVay 1), involved another phase of this matter, consisting of a challenge by the same landowner, the McVay Estate, to the…

2Cases cited11 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. In Re Murchison.Supreme Court of the United States · 1955
  3. Horn v. Township of HilltownSupreme Court of Pennsylvania · 1975
  4. Gardner v. RepaskySupreme Court of Pennsylvania · 1969
  5. Schlesinger AppealSupreme Court of Pennsylvania · 1961

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. HYK Construction Co. v. Smithfield TownshipCommonwealth Court of Pennsylvania · 2010
  2. Danwell Corp. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
  3. Christman v. Zoning Hearing Board of the Township of WindsorCommonwealth Court of Pennsylvania · 2004
  4. Prin v. COUNCIL OF MUN. OF MONROEVILLECommonwealth Court of Pennsylvania · 1994
  5. Thornbury Township Board of Supervisors v. W.D.D., Inc.Commonwealth Court of Pennsylvania · 1988

4 more not listed; retrieve them via the Exa API.

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