Case law

Opinion No.

Oklahoma Attorney General Reports · Oct 17, 2006

For convenience the highlights of these four acts are set forth below: Name of Act Highlights of Act Hydration and Nutrition for Incompetent Establishes a presumption that every incompetent Patients Act patient has directed … Requirements for Appointment of A Health Care Proxy Although the Advance Directive Act does not clearly set forth the requirements for appointment of a health care proxy in an advance directive, the requirements can be ascertained

Blackhawk Quarry Co. of Florida, Inc. v. State

25 Fla. Supp. 2d 173 · State of Florida Division of Administrative Hearings · Jun 26, 1987

Blackhawk is not qualified to bid as a prime contractor of FDOT projects, nor is it seeking that qualification. … Those persons have certain clearly defined, FDOT-sanctioned, APA remedies: Subsection 120.53(5), F.S. and FDOT Rule Chapters 14-22 F.A.C. and 14-25 F.A.C.

Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc.

2018 NCBC 101 · North Carolina Business Court · Sep 28, 2018

But the converse of this is that even though litigation is already in prospect, there is no work product immunity for documents prepared in the regular course of business rather than for purposes of the litigation … Judge Doughton is familiar with North Carolina law surrounding the attorney-client privilege and the work-product doctrine and is exceptionally well qualified to perform the in camera review ordered herein.

In re the Accounting of Guaranty Trust Co.

20 Misc. 2d 722 · New York Surrogate's Court · Aug 13, 1959

The rule was firmly established under common law that a gift to “issue” or to “descendants” was presumed to be per capita. … These propositions are too well established to require citations. If necessary to establish the facts a hearing-should be held (Matter of Thompson, 217 N.

Southwestern Oregon Public Defender Services, Inc. v. Department of Revenue

11 Or. Tax 339 · Oregon Tax Court · Apr 4, 1990

The burden of establishing entitlement to an exemption is on the taxpayer claiming the exemption. Methodist Homes, Inc. v. Tax Com., 226 Or 298, 307 , 360 P2d 293 (1961).” Dove Lewis Mem. Emer. Vet. Clinic v. … Nevertheless, if the legislature intends to equate government funding of a project with “charity” it must say so more clearly than it has in ORS 307.130(2). 8 In Parr v.

In re the Judicial Settlement of the Account of the Proceedings of Union Trust Co.

12 Mills Surr. 314 · New York Surrogate's Court · Jun 15, 1914

Neither instrument contains any word to qualify its affirmation that the bond and mortgage are hoth held by the company in its individual name and solely as its own. … These are reasons for care and patience, but there can be no reason for confirming a wrong simply because it is established. *318 The first care of the law is the safety of the trust fund.

City of Hoboken v. Kelly

21 N.J. Misc. 193 · New Jersey Tax Court · Jun 15, 1943

The question thus raised must be settled by an application of the doctrine established by this court in Proprietors, &c., ads. … On the contrary, I think it is clearly mandatory. “The purpose of the act was plainly to establish uniform rules in respect to all appeals from the award of commissioners in all cases of condemnation.

Opinion No. 76-354 (1976) Ag

Oklahoma Attorney General Reports · Oct 18, 1976

Of course, the Chairman would have authority to establish several meeting dates subject, however, to the will of the majority of the members of the Board. … The term "change", in the absence of any qualifying language, would encompass a decrease in compensation, as well as an increase.

Lush v. Department of Revenue

5 Or. Tax 489 · Oregon Tax Court · Mar 28, 1974

It has qualified under ORS 307.375 as a corporation organized and operated only for the purpose of furnishing permanent residential, recreational and social facilities primarily for elderly persons; not organized for profit … The principles established in the two cases require this court to rule that Cascade Manor, Inc., is not presently a charitable corporation.

South Plainfield Borough v. Kentile Floors, Inc.

183 N.J. Super. 359 · New Jersey Tax Court · May 15, 1981

If a change in value occurs the town is free to establish that fact and avoid the operation of the statute. … Upon a motion made by the taxpayer, the statute directs the court to apply the freeze provided neither of the two exceptions contained therein is established.

In re the Estate of Johnson

14 Misc. 2d 138 · New York Surrogate's Court · Jun 17, 1958

The will had named a corporate fiduciary as executor, but the nominated executor did not qualify. … Paragraph Fifteenth clearly shows that the date of the testator’s death could not have been intended as the time for fixation of value.

Palandech v. Department of Revenue, Tc-Md 100015c (or.tax 3-23-2011)

Oregon Tax Court · Mar 23, 2011

Plaintiffs insist that special protections afforded certain qualifying military personnel under federal law change the complexion of this appeal. … Residence Applying the three-part test laid out in White , Thomas clearly established a "residence" in several other states after leaving Oregon, the first of which was Washington, where he moved to 1989.

Massey v. City of Charlotte

2000 NCBC 5 · North Carolina Business Court · Apr 17, 2000

While spot zoning is not per se unlawful in North Carolina, the courts have clearly found it invalid in “the absence of a clear showing of reasonable basis.” … In the case sub judice, that issue is not clearly presented because the City concedes it did not follow a quasi-judicial process.

City of Jersey City v. Harborside Warehouse Co.

19 N.J. Misc. 222 · New Jersey Tax Court · Jan 21, 1941

properly be taken into account as a guide to the determination of true value under the circum-' stances of this case, these figures do not appear excessive estimates of such replacement value, the witness being competent and qualified … Proof of the character suggested hereinabove, however, would clearly not constitute a departure from the single ultimate issue as to the true value of the improvements.

Case of Dayton

1 Armstrong. Election Cases 149 · New York State Assembly · Jan 13, 1845

It is to be constructed as á frame or fundamental law of government, established by the People of the United States, according to their own free pleasure and sovereign will. … In neither case, however, do such members become acting members until after they qualify, and yet for certain purposes they are as truly members before qualifying as after.

In re Carpenter's Will

145 N.Y.S. 365 · New York Surrogate's Court · Aug 28, 1913

He testified that he saw the other subscribing witness sign his name as a witness to said will, and additional evidence was given by other qualified witnesses, establishing the genuineness of the signatures of the testatrix … There is no evidence of undue influence, and the formal execution of the will was so clearly established that the only remaining question is the competency of the testatrix at that time.

Cigna Health Plan of Florida, Inc. v. State

31 Fla. Supp. 2d 225 · State of Florida Division of Administrative Hearings · Apr 19, 1988

In order to be considered as a “qualified” proposer, an organization had to be licensed by the Department of Insurance pursuant to Part II, Chapter 641, Florida Statutes. 3. … Several factors exist which tend to lend credence to Cigna’s contention. *233 It was established through the testimony of Mr.

Opinion No. (2007)

Oklahoma Attorney General Reports · Nov 30, 2007

Obviously, the service contracts establish rights and duties of both GRDA and the customer. A written contract is "presumptive evidence of a consideration." 15 O.S. 2001 , § 114[ 15-114 ]. … "A qualified acceptance [amounts to] a new proposal" for contract. 15 O.S. 2001 , § 71[ 15-71 ]; see also Young v. Roller , 201 P.2d 793 , 796 (Okla. 1948).

Underwood v. Pigman

32 S.W.2d 1102 · Texas Commission of Appeals · Nov 26, 1930

Underwood, shown to be represented at the time the petition in cause No. 1270 was filed, by the duly qualified executrix of her duly probated will, and these plaintiffs in error. … Underwood owned the real estate at'the time the taxes were assessed, clearly indicating that the county attorney intended to sue G. M.

In re the Appraisal for Taxation of the Estate of Fuller

2 Mills Surr. 230 · New York Surrogate's Court · May 15, 1901

Webster, in the Daifmouth College case, said: “ By the law of the land is most clearly intended the general law — a. law which hears before it condemns; which proceeds- upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his life, liberty, property and immunities, under the protection of the general rules which govern society.