Horn v. Township of Hilltown

In Horn v. Township of Hilltown, 461 Pa. 745, 337 A.2d 858 (1975), our Supreme Court held that it was improper for the same individual to serve as a zoning board's solicitor and to appear before that same zoning board as the municipality's solicitor to oppose an application for a variance. The Supreme Court found such a procedure to constitute a denial of due process, even though there had been no showing of actual prejudice to the applicant resulting from the solicitor's dual role. Horn. The Court explained "a governmental body charged with certain decision-making functions ... must avoid the appearance of possible prejudice, be it from its members or from those who advise it or represent parties before it." Id., 461 Pa. at 748, 337 A.2d at 860.