In Acierno v. Folsom, 337 A.2d 309 (Del. 1975), the chairperson of the Planning Board had acted as an adversary in an earlier appeal by an applicant seeking a subdivision approval. Id. at 314-15. The Acierno Court determined that the chairperson should have disqualified himself, and his failure to due so violated the appellant's due process rights. Id. at 316. The chairperson's refusal to disqualify himself resulted in a tie vote disapproving the applicant's subdivision plan. The Acierno Court decided to subtract the chairperson's vote, and the Board's vote was counted as 3-2, approving the subdivision plan. Id. at 317.