Kennedy v. Upper Milford Township Zoning Hearing Board

Chief Justice CAPPY

concurring.

I join the majority’s decision to reverse the order of the Commonwealth Court. I write separately to emphasize that more specifically and respectfully, I join the majority opinion insofar as it concludes that the Upper Milford Township Zoning Hearing Board (Board) is a quasi-judicial body; that the Board held an executive session within the meaning of Section 708(5) of the Sunshine Act, 65 Pa.C.S. § 708(5), when it engaged in quasi-judicial deliberations during its recess; and that the evidence of record did not support the Commonwealth Court’s conclusion that the Board took unlawful official action during that recess.

Justices CASTILLE and NIGRO join this concurring opinion.