Case law

In Re Judicial Review of Final Agency Decision of N.C. Bd. of Cpa Exam'rs

2017 NCBC 39 · North Carolina Business Court · May 1, 2017

Johnson filed a complaint with the Board alleging that Purvis was not qualified to perform peer audits. 10. … Purvis was determined qualified to perform the peer review services provided to [the Firm,]” but that Purvis’s complaint against Johnson “has been held open.” (OR 27.)

6787 Steelworkers Hall, Inc. v. Scott

933 N.E.2d 591 · Indiana Tax Court · Sep 2, 2010

demonstrate to the Court that the Indiana Board's final determination is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Local 6787 claims that the Assessor's admission during the Indiana Board hearing, that Local 6787's organizational purposes and its uses of the banquet facility were both charitable and educational, clearly established Local

McDonald v. State

176 Misc. 2d 130 · New York Court of Claims · Feb 5, 1998

Indeed, the first argument in claimants’ memorandum of law is that the defendant has waived the qualified immunity of Vehicle and Traffic Law § 1103 by failing to plead it as an affirmative defense. … Section 1103 immunizes those workers actually engaged in snow removal (see, Petosa v City of New York, 52 AD2d 919, 920 ). The snowplow operator, Connie L.

Greaves v. State

35 Misc. 3d 290 · New York Court of Claims · Sep 29, 2011

A fundamental and well-established principle of law drives this claim. … Thus, claimant has clearly established a prima facie case of wrongful confinement entitling him to summary judgment on liability.

Dicesare v. Charlotte-Mecklenburg Hosp. Auth.

2019 NCBC 13 · North Carolina Business Court · Feb 27, 2019

“A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … Plaintiffs argue that the question of governmental immunity is a fact question. (Mem. Opp’n 13.)

Jamestown Homes of Mishawaka, Inc. v. St. Joseph County Assessor

909 N.E.2d 1138 · Indiana Tax Court · Jul 24, 2009

Clearly, James town's provision of affordable housing to moderate and low-income individuals helps to alleviate this shortage and relieves [their] want of having a safe and clean place to live. … There is nothing in the record which indicates that any are welfare clients, or are permitted to occupy apartments without payment of the established rental.

Kaplan v. State

198 Misc. 62 · New York Court of Claims · Mar 20, 1950

The evidence establishes that the infection that developed in claimant’s arm was neither properly diagnosed nor treated. … In the Liubowsky case (supra) the court, per Crapser, J., stated (p. 418): “ The State contends that in its operation of Rockland State Hospital, having furnished competent and well-qualified doctors, nurses and attendants

Newell v. Ohio Department of Transportation

142 Ohio Misc. 2d 42 · Ohio Court of Claims · Mar 6, 2007

“In order to establish a taking a landowner must demonstrate a substantial or unreasonable interference with a property right * * *. … Presumably, defendant also appears to be asserting that DOT should be immune from any harm caused by the lighting installation and use.

AHS Hospital Corp. v. Town of Morristown

28 N.J. Tax 456 · New Jersey Tax Court · Jun 25, 2015

Simply put, the Hospital has failed to meet its burden of proof under law establishing that it meets the criteria to qualify for the exemption. … Clearly the failure of the Subject Property to qualify under the profit test would be some other reason to deem it ineligible for tax exemption, even if the use test is satisfied.

Dahl v. State

13 Misc. 3d 590 · New York Court of Claims · Jun 30, 2006

Claimant is correct in contending that such is insufficient to support a finding of qualified immunity (see e.g. … However, the doctrine of qualified immunity is inapplicable herein for another, more basic, reason: claimants failed to prove a prima facie case of negligence, rendering defendant’s failure to establish a basis for qualified

Vincent v. State ex rel. Wayland

235 S.W. 1084 · Texas Commission of Appeals · Dec 14, 1921

by the act within which it is provided the city shall constitute a body1 politic and corporate, to bej known by the name and designation of the “city of Plainview,” with all the rights, powers, privileges, immunities, and … It is a well-established rule that the court will always lean in favor of the validity of a legislative act; that, if there be a reasonable doubt as to the constitutionality of a statute, the court will solve the doubt in

Bon-R Reproductions, Inc. v. Gift Mate, Ltd.

81 Misc. 2d 630 · Civil Court of the City of New York · Feb 27, 1975

court "establishes a classification subject to scrutiny under the Equal Protection Clause.” … On its face, CPLR 6101 (subd 1) sets up a sex-based classification rendering women immune from civil *635 arrest upon certain designated causes of action.

White v. Youngstown State Univ.

2022 Ohio 3383 · Ohio Court of Claims · Aug 31, 2022

Id. at ¶ 23. {¶15} The evidence establishes that, on May 1, 2019, Dr. … To be qualified to serve as Medical Director, YSU’s contract with Dr.

First Evangelical United Brethren Church v. State Tax Commission

1 Or. Tax 249 · Oregon Tax Court · Apr 4, 1963

Immunity from taxes on the ground of being a public charity is an affirmative defense and the burden of establishing the eleemosynary character of an institution is upon the party asserting it. Ackerman v. … Clearly, the construction of "owned" in this statute as referring only to legal title does not appear unreasonable from the language itself.

Opinion No. (1990)

Oklahoma Attorney General Reports · Jan 24, 1990

The legislature may have wished to encourage people to enter public service or it may have wished to encourage qualified people to remain in public service even after they have gained valuable experience for which they might … Clearly, the granting of a slight tax benefit to public retirees bears the necessary "fair and substantial" relation to these legitimate state goals. Id. In fact, in Richards v.

Orbitz, LLC v. Hoyle

2013 NCBC 33 · North Carolina Business Court · Jun 21, 2013

Plaintiffs acknowledge that they qualify as facilitators under the Amendments. (Compl. ¶ 80.) … “[S]overeign immunity is not a constitutional right[,] [but rather] a common law theory or defense established by th[e] [c]ourt[s] . . . .” Id. at 786, 413 S.E.2d at 292.

Orbitz, LLC v. Hoyle

2013 NCBC 29 · North Carolina Business Court · May 28, 2013

Plaintiffs acknowledge that they qualify as facilitators under the Amendments. (Compl. ¶ 80.) … “[S]overeign immunity is not a constitutional right[,] [but rather] a common law theory or defense established by th[e] [c]ourt[s] . . . .” Id. at 786, 413 S.E.2d at 292.

Ostrowski v. State

186 Misc. 2d 890 · New York Court of Claims · Jan 9, 2001

Judge King properly found that that omission, occurring in the performance of those judicial duties, was immune from suit, but he implied that, were it not for “judicial immunity” and had the omission resulted from the act … by the defendant is established.

Batshever v. Okin

13 Misc. 3d 814 · Civil Court of the City of New York · Sep 20, 2006

Defendant argues, in support of his motion, that he is exempt from liability as executive director of the BBA, which confers qualified immunity status pursuant to section 10 of the BBA’s *817 Rules, and that, as a result, … . . . shall be established and administered by a local bar association (the arbitral body) to the extent practicable.” .

Chikofsky v. State

203 Misc. 646 · New York Court of Claims · Dec 3, 1952

Pointing out that the waiver of immunity section of the Court of Claims Act rendered the municipality liable equally with individuals and private corporations for the wrongs of its officers and employees, Thacher, J., for … Wilson Line (supra) it was said at pages 375, 377: “ The law is established that a municipality is answerable for the negligence of its agents in exercising a proprietary function, and at least for their negligence of commission