Case law

Johannesen v. Eddins

2011 IL App (2d) 110108 · Appellate Court of Illinois · Dec 28, 2011

Eventually, the board granted variations establishing an eastern sideyard setback of 32 feet and a front setback of 126 feet. … . ¶ 31 Here, the trial court clearly ruled only on the motion to dismiss brought under the Act.

Graham v. Town of Latta

417 S.C. 164 · Court of Appeals of South Carolina · Mar 30, 2016

Our supreme court has repeatedly explained that “the burden of establishing a limitation on liability or an exception to the waiver of immunity is upon the governmental entity asserting it as an affirmative defense.” … . *184 “To establish discretionary immunity, the governmental entity must prove that the governmental employees, faced with alternatives, actually weighed competing considerations and made a conscious choice.” Id.

American Family Mutual Insurance Co. v. Tyler

2016 IL App (1st) 153502 · Appellate Court of Illinois · Feb 9, 2017

. ¶ 17 In Village of Bloomingdale, our supreme court addressed whether a quasi-contract claim qualifies as a claim asserting a public entity’s liability “based on contract” and thus is excepted from the … immunity granted under the Act.

Martin, Wise & Fitzhugh v. Johnson

11 Tex. Civ. App. 628 · Court of Appeals of Texas · Nov 16, 1895

*631 voters of said county, thereby establishing the office of public weigher in said county, and made the same elective at the next election thereafter.” (4) That on or about November 4, 1884, he was by the legal voters … The very terms of the statute under which the cause of action arises, and the liability is claimed, clearly indicates that such a suit may be maintained under it. The assignment is without merit.

Donna Independent School District v. Diana Quintanilla

Texas Court of Appeals, 13th District · Feb 14, 2025

In three issues, which we construe as one, Donna ISD argues that the trial court erred in denying its motion because Quintanilla cannot establish a waiver of its sovereign immunity. … facts giving rise to an actual violation of the Act to qualify for the statutory waiver of immunity.

Com. v. Marmillion, M.

2023 Pa. Super. 267 · Superior Court of Pennsylvania · Dec 13, 2023

It is the defendant who carries the burden of proof to establish she is entitled to immunity under the Act. See Commonwealth v. Lehman, 231 A.3d 877 (Pa. 2020). … Even though the Act potentially provides immunity for Marmillion’s possession of a controlled substance charge, she has failed to establish the trial court erred by failing to grant her immunity for that offense under the

Bierner v. City of Truth or Consequences

136 N.M. 197 · New Mexico Court of Appeals · Jun 15, 2004

“The movant has the burden of establishing a prima facie case showing there was no genuine issue of material fact. … Clearly, governmental entities can share maintenance responsibilities by agreement. The undisputed evidence in this ease, however, is that the City did not share the responsibility.

Thompson v. City of Lake Elsinore

18 Cal. App. 4th 49 · California Court of Appeal · Aug 26, 1993

He had final authority to establish, implement, and enforce municipal ordinances. … The Tort Claims Act, on the other hand, sought to reestablish sovereign immunity in California, and to make governmental employees and entities liable only to the extent clearly provided by statute.

Jones v. City of Longwood, Florida

404 So. 2d 1083 · District Court of Appeal of Florida · Sep 23, 1981

We also agree with the city's contention before the trial court that its duty to inspect under this ordinance was necessarily qualified, since the building inspector and fire chief were not authorized to enter upon private … But the majority upholds the summary judgment because, as a matter of law, proximate cause could not be established because the operational level function of the inspector is just the first step in the chain of events which

Terrebonne Parish Sch. Bd. v. St. Mary Parish Sch. Bd.

131 So. 2d 266 · Louisiana Court of Appeal · May 22, 1961

Although respondent cites certain authorities (one from our own jurisdiction) which it contends establishes the principle that the doctrine of sovereign immunity may not be pleaded by one state agency in defense of an action … The provision in issue clearly and unambiguously expresses the legislative and electorate intent that school boards shall be considered not merely ordinary agencies of the sovereign state but something more or to use the

in Re Hays County Sheriff's Department and Hays County District Attorney's Office

Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2012

immunity has been waived. … In response, Ficke argues that the trial court’s decision was proper because under current case law, “there are clearly occasions when a governmental unit can waive immunity from suit by its conduct.”

City of Richland Hills, Texas v. Barbara Childress

Texas Court of Appeals, 2nd District (Fort Worth) · Sep 16, 2021

Based on these facts, the City sought dismissal, asserting that Childress had not established a waiver of the City’s immunity from suit because she had no evidence to support all elements of her claims and that she had … a waiver of immunity.

Rossi v. Borough of Haddonfield

297 N.J. Super. 494 · New Jersey Superior Court Appellate Division · Feb 19, 1997

If the Borough is entitled to immunity, summary judgment should have been granted as the Borough would “ ‘prevail as a matter of law.’ ” Ibid. Common law snow removal immunity was established in Miehl v. … The facts here are clearly within those contemplated by the Miehl Court in establishing snow removal immunity. “The unusual traveling conditions following a snowfall are obvious to the public.

Estate of Kepl v. State

34 Wash. App. 5 · Court of Appeals of Washington · Feb 10, 1983

Kepi cites the court to numerous cases which address the scope of the qualified immunity available to executive officers for acts performed in the course of their official conduct. … Our disposition of the case does not require us to determine whether a qualified immunity existed here. 5 Paragraph 8 of the amended complaint reads: "Michael Jessup, James Blakeley, and Dr. John A.

Diaz v. Magma Copper Co.

190 Ariz. 544 · Court of Appeals of Arizona · May 13, 1997

The law is well established that, as to employees covered by the Act, its exclusive remedy provisions do not offend the anti-abrogation clause. … The Diazes’ assertion that Mariscal is “clearly flawed” and then-suggestion that we not follow it are more appropriately addressed to the supreme court. See McKay v.

Siligato v. State

268 N.J. Super. 21 · New Jersey Superior Court Appellate Division · Oct 26, 1993

The judge also denied defendants' motion for partial summary judgment dismissing the complaint against Sheeran on qualified immunity grounds and their motion for an order limiting the scope of damages. … immunity.

Coburn v. Sievert

35 Cal. Rptr. 3d 596 · California Court of Appeal · Nov 10, 2005

The immunity associated with release at the end of the holding period is not qualified by the phrase “if the provisions of Section 5152 have been met.” … The Bragg case involved a clearly presented alternative motive for the early release—economic concerns based on the detainee’s lack of insurance.

Dockery v. Village of Steeleville

200 Ill. App. 3d 926 · Appellate Court of Illinois · Jun 28, 1990

Section 4 — 102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection … Plaintiff argues that the Village’s voluntary assumption of crowd control and traffic management at an event held by a private entity (the American Legion Post) clearly falls outside the municipality’s duty to protect the

Smith v. South Carolina Retirement System

336 S.C. 505 · Court of Appeals of South Carolina · Jul 6, 1999

Clearly, the QDRO statute’s express procedure for qualifying a domestic relations order falls within this exception. … . § 9-18-20 sets forth the requirements for qualification: (B) A domestic relations order is a qualified domestic relations order only if the order: (1) clearly specifies the retirement system to which it applies; (2) clearly

J.S.K. Enterprises, Inc. v. City of Lacey

6 Wash. App. 43 · Court of Appeals of Washington · Dec 17, 1971

The evidence clearly established that lewd acts occurred at the Royal Sauna before the amendment of ordinance No. 86 and before 'and after the Royal Sauna received its last license. … It is blanket in nature and seeks to exclude female bartenders, no matter how individually qualified, from all licensed establishments, no matter how suitably conducted.