Posted by: Patricia Salkin | February 17, 2017

PA Court Holds Board Member’s Statement Opposing Project Did Not Constitute Bias nor Did it Embolden Objectors

Pennswood applied for a variance to operate a step-down facility for recovering substance abusers in a medium density residential district. At the hearing, one of the Board members, Ms. Wardell, stated that she did not believe that the step-down facility belonged in the residential area. Pennswood argued that her statement “emboldened the ‘tone, and content’ of the objectors’ subjective statements,” causing the Board to take the objectors’ side and disregard Pennswood’s evidence. The court held that there was no evidence that the statement constituted bias or that it emboldened the objectors.

Pennswood Manor Real Estate Assocs., LLC v. Zoning Hearing Bd. of City of Scranton, 2015 WL 5671857(Pa. Commw. Ct. 9/24/2015).

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