Case law

Johannesen v. Eddins

963 N.E.2d 1061 · 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.

Risley v. Board of Civil Service Commissioners

60 Cal. App. 2d 32 · California Court of Appeal · Jul 28, 1943

I reads: “No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature, nor shall any citizen, or class of citizens, be granted privileges or immunities which … “Nineteenth—Granting to any corporation, association, or individual any special or exclusive right, privilege or immunity. ’ ’ Clearly section 126 violates neither of these provisions.

Bell v. Cleveland

2013 Ohio 2093 · Ohio Court of Appeals · May 23, 2013

Wean United, Inc., 50 Ohio St.2d 317, 327, 364 N.E.2d 267 (1977). {¶9} There is no dispute that the City qualifies as a political subdivision for purposes of establishing immunity under R.C. 2744.02(A)(1). … Therefore, sovereign immunity protection is warranted as a matter of law. {¶19} Accordingly, we find the trial court erred by denying the City summary judgment and that the City is entitled to immunity.

Glen Ridge I Condominiums, Ltd. v. Federal Savings & Loan Insurance Corp.

734 S.W.2d 374 · Texas Court of Appeals, 5th District (Dallas) · Jun 25, 1987

Likewise, a finding may be reversed where the finding of fact is clearly erroneous. Fed.R.Civ.P. 52. … Thus, FSLIC contends that it qualifies for adjunct status under each of these criteria. We do not agree.

Kawai America Corp. v. University of North Carolina at Chapel Hill

152 N.C. App. 163 · Court of Appeals of North Carolina · Aug 6, 2002

The Act also establishes that the forum for such suits is the Industrial Commission, rather than the State courts. See id. … Our courts have clearly held that any modification or waiver of the doctrine of sovereign immunity must come from the General Assembly. See Blackwelder v.

Texas Department of Public Safety v. Israel Ali Galvan, Rosa Elena Perez, and Rosa Maria Perez

Texas Court of Appeals, 13th District · Feb 28, 2013

Importantly, subsection 101.106(b) is qualified by a consent exception: it bars suit against a governmental unit unless “the governmental unit consents.” Id. § 101.106(b). … The Esparza Court disagreed with Amadi and others to the extent that the limited waivers of immunity alone establish a government's consent to suit. See id. at 251; City of Houston v. Johnson 2011 WL 3395716 (Tex.

Pate v. Worthington

679 So. 2d 790 · District Court of Appeal of Florida · Jun 20, 1996

Mirkhani and Worthington moved for summary judgment on the basis that the actions of the three inmates were unforeseeable and therefore they acted reasonably and, in any event, they were entitled to qualified immunity. … established statutory or constitutional rights of which a reasonable person should have known.

Petipren v. Jaskowski

294 Mich. App. 419 · Michigan Court of Appeals · Oct 20, 2011

Those cases have concluded that acts such as commenting on an official governmental matter and making personnel or employment decisions clearly fall within the scope of the executive authority of the highest executive officials … Indeed, the essential duties of the police chief as set forth in the job description for the police chief of the village of Port Sanilac are administrative in nature and are clearly distinct from the nature of the duties

ENGIE IR Holdings LLC and Hamlin Collegiate Independent School District v. Kelly Hancock, Acting Texas Comptroller of Public Accounts

Texas Court of Appeals, 15th District · Sep 18, 2025

Villareal told the representatives “that the applicant Engie Solar NA LLC was required to be ‘active’ with the Texas Secretary of State’s office before the Project would qualify for the tax limitation under the TEDA and an … Standard of Review As one of six officers constituting the state’s executive department,13 the Comptroller is entitled to sovereign immunity.14 Sovereign immunity from suit 12 It contends that the Comptroller

Land v. Whitley

Court of Appeals of North Carolina · Feb 6, 2024

Nonetheless, a party claiming the protection of statutory immunity must satisfy “all of the requirements” of the statute granting the claimed immunity in order to establish a substantial right entitling him to an immediate … The protections against civil liability afforded the health care providers who qualify for the immunity under these statutes are, however, not unlimited. N.C. Gen.

Jeannette Emmert v. State of Texas

Texas Court of Appeals, 7th District (Amarillo) · Jan 28, 2003

We conclude this identification is sufficient to establish appellant's identity. … Analysis By his first issue, Ching contends the trial court erred in awarding the Hospitals' summary judgment based on statutory immunity, contending that (a) the record does not conclusively establish that the procedures

The ARDENT COMPANIES, LLC v. CITY OF BROOKHAVEN

Court of Appeals of Georgia · Jun 30, 2025

The city manager also disclosed to Ardent that the City intended to contact the six homeowners to establish purchase options should Ardent’s contracts on those homes expire. … (citations and punctuation omitted). 6  Under Georgia law, official or qualified immunity is an entitlement not to stand trial rather than a mere defense to

Blankenship v. Enright

67 Ohio App. 3d 303 · Ohio Court of Appeals · Apr 12, 1990

However, this provision is applicable only after liability has been established as it acts as a defense providing: "The political subdivision is immune from liability if the action or failure to act by the employee involved … Thus, pursuant to R.C. 2744.01(C)(1)(a), this is clearly a "governmental" function. Therefore, pursuant to R.C. 2744.02, plaintiff, as a matter of law, does not have a claim for relief against defendant Franklin County.

Fagan v. Jackson County Hospital District, Jackson Hospital

District Court of Appeal of Florida · Feb 14, 2024

Although conceding he did not notify DFS within that time limit, Appellant argues instead that, because chapter 766 establishes presuit investigation requirements that apply to claims against both non-immune defendants and … Contrary to Appellant’s argument, the court there clearly distinguished between the two statutory schemes.

Tiller v. University of Kentucky

55 S.W.3d 846 · Court of Appeals of Kentucky · Feb 16, 2001

Clearly, therefore, Tiller’s status as an “unwed mother” is sufficiently within the statutory definition to afford coverage, assuming the requisite burden of proof can be met. … Lastly, the University argued that Tiller’s claims were barred by the doctrine of sovereign immunity.

Department of Transportation v. Price

208 Ga. App. 320 · Court of Appeals of Georgia · Mar 8, 1993

deposition and discovery on such question to supplement the record therewith during the pendency of this appeal in this court and while the trial court was without jurisdiction to proceed in such manner, as is very well established … But clearly the county was not liable in Christian (and thus DOT was not liable on the county’s behalf), not because the county did not build that road, but because the county had purchased no liability insurance and thus

ABIEGALE ROGERS, AS ADMINISTRATOR OF THE ESTATE OF SONNY ROGERS v. HHRM SELF-PERFORM, LLC

Court of Appeals of Georgia · Oct 31, 2022

“Broadly, there is a joint venture when two or more combine their property or labor, or both, in a joint undertaking for profit, with rights of mutual control, provided the arrangement does not establish a partnership. … When the Supreme Court has addressed an issue in clear terms, this Court is not at liberty to decline to follow the established rule of law.

McKinney v. City of Philadelphia

123 Pa. Commw. 144 · Commonwealth Court of Pennsylvania · Jan 26, 1989

Questions presented are essentially whether governmental immunity under the Judicial Code, 42 Pa. C. … The instant record clearly demonstrates that the order from which the City appealed is interlocutory in nature and that the City has failed to otherwise establish its appealability.

Klumb v. Houston Municipal Employees Pension System

405 S.W.3d 204 · Court of Appeals of Texas · May 23, 2013

Article 6243h of the Texas Revised Civil Statutes established HMEPS. See Tex.Rev.Civ. Stat. … To qualify as a “governmental plan” under 26 U.S.C. § 401 (a), the plan must be established and maintained for the employees of a political subdivision of a state or its agencies or instrumentalities.

Vilardo v. Barrington Community School District 220

406 Ill. App. 3d 713 · Appellate Court of Illinois · Dec 20, 2010

“A reviewing court is entitled to have the issues clearly defined with pertinent authority cited and is not simply a depository into which the appealing party may dump the burden of argument and research.” … In this case, the trial court concluded that plaintiff pleaded sufficient facts to establish a duty under section 3 — 102(a) for defendant to protect plaintiff.