Case law

Commissioners' Court of Limestone County v. Garrett

236 S.W. 970 · Texas Commission of Appeals · Jan 25, 1922

The offices of citizen members of the board of permanent road commissioners provided for in the act come clearly within the inhibition of the constitutional provision unless the creation of such offices is otherwise provided … State, supra: “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 reasonáble doubt as to the constitutionality of a statute, the court will solve

Horizon Blue Cross Blue Shield v. State

25 N.J. Tax 290 · New Jersey Tax Court · Dec 15, 2009

To be qualified as an HSC, Horizon had to be “organized, without capital stock and not for profit, for the purpose of (1) establishing, maintaining and operating a nonprofit health service plan and (2) supplying services … statute to demonstrate *314 clearly that it violates the constitutional provision.”

Mechanical Sys. & Serv., Inc. v. Carolina Air Solutions, L.L.C.

2003 NCBC 9 · North Carolina Business Court · Dec 3, 2003

The Agreement clearly speaks to the purchase price and the restrictions. Under North Carolina law, plaintiff did not breach the contract. See Zinn, 87 N.C. App. at 333, 361 S.E.2d at 318. … Copeland and Gordon did not qualify as managers at Mechanical because they worked in line positions in sales and service departments.

Savoy v. Univ. of Akron

2013 Ohio 5928 · Ohio Court of Claims · Jul 10, 2013

UA’s Student Code of Conduct regarding investigation for student misconduct clearly provides for the fact finding and hearing process that occurred as a result of the incident in Buchtel Hall. … Accordingly, the court finds that plaintiff failed to establish a prima facie case of defamation.  {¶ 23} Moreover, even if plaintiff were to establish a prima facie case of defamation, the defense of privilege would

Mace, Mario v. Express Services, Inc.

2015 TN WC App. 47 · Tennessee Workers' Compensation Appeals Board · Dec 11, 2015

An employer will not be penalized for enforcing a policy if the court determines “(1) that the actions allegedly precipitating the employee’s dismissal qualified as misconduct under established or ordinary workplace rules … Thus, we have no difficulty concluding “that the actions allegedly precipitating the employee’s dismissal qualified as misconduct under established or ordinary workplace rules and/or expectations.” Id.

Opinion No. 92-542 (1992)

Oklahoma Attorney General Reports · Oct 20, 1992

X, 14 AND 15, OPINED: "UNDER THESE CONSTITUTIONAL PROVISIONS, THE WELL ESTABLISHED RULE IN OKLAHOMA HAS BEEN THAT PUBLIC FUNDS CANNOT BE USED TO ASSIST INDIVIDUALS, PRIVATE ORGANIZATIONS OR ASSOCIATIONS IN THEIR FUNCTIONS … INCREASED BENEFITS FOR PUBLIC EMPLOYEES WOULD APPEAR TO HELP TO RETAIN QUALIFIED PUBLIC EMPLOYEES, THEREBY BENEFITTING THE PUBLIC AS A WHOLE.

H.G.K.W. Corp. v. East Brunswick Township

8 N.J. Tax 454 · New Jersey Tax Court · Jul 16, 1986

for any exemption from local property taxation, and whether an owner qualifies for farmland assessment. … He indicated that the Senate Finance and Appropriations Committee stated that the process was established to permit a timely correction of administrative errors avoiding the need for a formal appeal to be processed.

People v. Segal

67 Misc. 2d 526 · Criminal Court of the City of New York · Sep 10, 1971

The reliability of the information is clearly established. … Hence the reliability of the information as to violation of the Penal Law sections against promoting gambling by means of the specified telephone and possession of gambling records in the apartment is clearly established

People v. P. A. J. Theater Corp.

72 Misc. 2d 354 · Criminal Court of the City of New York · Dec 11, 1972

notification or summons or petition or any other service of such process by which any bail is required, nor restraint of personal liberty.’ ” Although the Long case involved the service of a summons in a civil action, its logic clearly … Misc 2d 618, 620 , supra) and even where there had been an illegal seizure, the courts have merely ordered the return of the material, but did not order the dismissal of the complaint (as defendants here petition) and thus immunize

Hayden Island Condos v. Multnomah Cty., Tc-Md 060822d (or.tax 8-18-2008)

Oregon Tax Court · Aug 18, 2008

Defendant alleges that Plaintiff "cannot establish equitable estoppel on the facts of this case, * * * and the Assessor's denial of Plaintiff's Application as untimely filed was proper." … Similarly in Hoyt and Sidhu , taxpayers received documents (notices of adjustment) that clearly stated that their appeals must be filed within 90 days from the date of the notice.

In re the Proof of the Last Will & Testament of Henry

2 Gibb. Surr. 161 · New York Surrogate's Court · Sep 15, 1896

The law does not attempt to define any particular grade of mental ability or acumen necessary to qualify one to make a will, leaving the question to be determined very largely from the particular circumstances of each individual … evidence on behalf of the contestants, excluding, however, the facts established by the evidence on behalf of the proponent'.

Feliciano v. State

175 Misc. 2d 671 · New York Court of Claims · Oct 14, 1997

This section and parallel provisions of the Public Health Law (§§ 2805-/, 2805-m) implement the public policy that a climate free from the threat of litigation be established in order to improve future quality of care. … Of these documents, only the 14-page investigative report may qualify as a Mental Hygiene Law § 29.29 incident report.

Dilon Medical Supply Corp. v. Travelers Insurance

7 Misc. 3d 927 · Civil Court of the City of New York · Mar 24, 2005

Upon receipt of the initial prescribed verification forms, the insurer may request “any additional verification required by the insurer to establish proof of claim.” (11 NYCRR 65-3.5 [b]; see also Westchester Med. … “[T]he notices clearly constituted demands for further verification of the claim within the no-fault regulatory scheme.

In re the Judicial Settlement of the Accounts of McDowell

17 Mills Surr. 515 · New York Surrogate's Court · Oct 15, 1916

It appears that the three executors qualified as such. … Y. 539 , as follows: “ Also, held, that to establish a ratification by the cestui que trnst, in such a case, the ratification must not only be clearly ]^?

In re the Accounting of Judson

206 Misc. 157 · New York Surrogate's Court · Jul 2, 1954

It is well established under the laws of this State that the courts favor the vesting of estates. In Matter of Watson ( 262 N. … This matter, was clearly discussed in Wright v. Wright ( 225 N. Y. 329, 340-341 ), repeatedly cited- by counsel herein.

Millington Quarry, Inc. v. Taxation Division Director

5 N.J. Tax 144 · New Jersey Tax Court · Jan 27, 1983

Thus, the parties seeking the benefit of a tax exemption have the burden of establishing that they come clearly within its provisions. Container Ring, supra at 208. … Accordingly, the loaders used to place rock in the trucks qualify for exemption.

National Paving Co. v. Director, Division of Taxation

3 N.J. Tax 133 · New Jersey Tax Court · Aug 5, 1981

However, should it be determined that such an offer, if established, does not invoke operation of the statute, plaintiff asserts that the municipalities impliedly accepted the offers of dedication before the paving was completed … In other states it seems generally to be held that the intent to dedicate land to public use must be clearly and unequivocally manifested.

People v. Feldman

73 Misc. 2d 824 · Criminal Court of the City of New York · Apr 17, 1973

Defendant qualifies her concessions, however, by her claim that the furniture was “ up against the front of the building and did not extend beyond the stoopline ”. … The inclusion of that area of prohibition within the code section further clearly demonstrates that the title “Littering Prohibited” as that term is frequently used, is not fully descriptive of the statutory bounds. *829

Tomlin v. Dylan Mortgage, Inc.

2002 NCBC 1 · North Carolina Business Court · Feb 1, 2002

A. {9} The causes of action in the complaint in this action, as more clearly delineated in plaintiffs’ brief, establish claims common to the members of the class. … Here, plaintiffs clearly satisfy the typicality requirement.

Muir Woods Section One Assn., Inc. v. Marion County Assessosr

Indiana Tax Court · Feb 18, 2025

Here, the jurisdictional question falls under a different statutory grant of authority, and determining whether the Motion to Vacate qualifies as a petition for rehearing is essential to establishing jurisdiction. … See Christianson, 486 U.S. at 817-18 (recognizing that clearly erroneous jurisdictional rulings justify revising prior decisions); Stewart v. Kingsley Terrace Church of Christ, Inc., 767 N.E.2d 542, 545-46 (Ind. Ct.