In Newtown Township Board of Supervisors v. Greater Media Radio Co., 138 Pa. Commw. 157, 587 A.2d 841 (Pa. Cmwlth. 1991), the Court held that the board failed to keep its role as an unbiased tribunal where the township's solicitor served as a legal adviser to the board of supervisors while also representing the township at the hearing in opposition to a conditional use application. It "created an appearance of impropriety for the township's solicitor to serve as legal advisor to the Board in ruling on Appellee's conditional use application, and to also act in an adversarial capacity in opposition to the conditional use application." Newtown, 587 A.2d at 843. When a governing body is acting in the capacity of a tribunal, it must avoid not only actual bias, but also even the appearance of bias or impropriety. Despite agreeing with the trial court that the procedures used by the board were prejudicial to the applicant, we found that the trial court erred in disregarding this irregularity and deciding the case on its merits. "The appropriate action would have been to remand the matter to the Board, with an order to conduct new public hearings in a manner which is in accordance with its role as an impartial decision-making tribunal." Id. at 844. On this basis, we vacated the order of trial court and the matter was remanded to the board with the direction that the board adhere to its role as an impartial tribunal. Id.