Prin v. Council of Municipality of Monroeville

In Prin v. Council of Municipality of Monroeville, 165 Pa. Commw. 519, 645 A.2d 450, 452 (Pa. Cmwlth. 1994), appellants argued they were denied due process by a councilman's participation in the council votes that resulted in denial of their applications for the construction of a shopping center despite the councilman's obvious bias against the project. The councilman publicly spoke in opposition to the applications and wrote to his fellow councilmen expressing his strong opposition to the project and asking them to disapprove the project. The appellants' attorney requested his recusal, but the request was ignored; the applications were denied. The trial court affirmed without further hearing. While the appellants presented the question of the councilman's bias to the trial court, the trial court did not address the issue in its opinion. On appeal, the Court opined that the councilman's clear bias should have precluded him from participating in council's vote on the appellants' applications. The Court reiterated the long-established rule that "any tribunal permitted by law to try cases and controversies must not only be unbiased but must avoid even the appearance of bias." Id., 645 A.2d at 452.