Case law

Se. Anesthesiology Consultants, Pllc v. Charlotte-Mecklenburg Hosp. Auth.

2019 NCBC 74 · North Carolina Business Court · Dec 13, 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.” … It is well-established that Atrium is subject to the Public Records Act. See Jackson v. Charlotte Mecklenburg Hosp. Auth., 238 N.C.

Question Submitted by: The Honorable Justin Wood, State Representative, District 26

2016 OK AG 2 · Oklahoma Attorney General Reports · Feb 18, 2016

Blankenship rewrote the gist for the yellow ballot, clarifying that the constitutional amendment "establish[ed] [sic] Judicial Nominating Commission, selection of members, and fixing members' qualifications, tenure, powers … Those provisions clearly and expressly grant to the Commission three distinct powers. A.

Sta-Seal, Inc. v. Director, Division of Taxation

5 N.J. Tax 272 · New Jersey Tax Court · Mar 4, 1983

The Supreme Court established the law of this State as it pertains to the taxation of business personal property in the Bayonne case. … The record in this case established that plaintiff’s foundation was relatively elaborate, having been built on steel and wood piles driven deep into the ground.

Murray v. Department of Revenue, Tc-Md 101018b (or.tax 8-23-2011)

Oregon Tax Court · Aug 23, 2011

Cole also testified that Plaintiffs have not claimed to qualify for the dependent care assistance programs and that, even if they did qualify, the amount of pre-tax income allowed would be limited to 25 percent. … Defendant has not established by a preponderance of the evidence that *Page 15 Plaintiffs' tax year 2009 income is other than the amount reported by Plaintiffs and has, therefore, failed to meet the burden of proof. C.

Lisa T. v. King E. T.

69 N.Y.S.3d 236 · Court for the Trial of Impeachments and Correction of Errors · Dec 19, 2017

However, the statutory language is quite clear that among the remedies, only "mak[ing] a new order of protection" is subject to the qualifier, "in accordance with section 842." … By disregarding the meaning of sections 842 and 841 in its reading of section 846-a, the majority is undoing this clearly intended separation.

Humbert v. Rector of Trinity Church

24 Wend. 586 · Court for the Trial of Impeachments and Correction of Errors · Dec 24, 1840

If this be so, on the facts stated by it, most clearly there is an end of this con- - troversy. … But it would be well probably if those laws could be discredited in this case for they show clearly that the English common law was established in this colony immediately after its cession by the Dutch in 1674, if not previously

Turner v. Wal-Mart Stores

North Carolina Industrial Commission · Sep 9, 2004

The competent, credible evidence clearly establishes that plaintiff was notified by Ms. Prince and Ms. … In order to qualify for compensation under the Workers' Compensation Act, a claimant must prove both the existence and extent of disability. Hilliard v. Apex Cabinet Co. , 305 N.C. 593 , 290 S.E.2d 682 (1982).

Sony Music Entertainment, Inc. v. Indiana State Board of Tax Commissioners

681 N.E.2d 800 · Indiana Tax Court · May 22, 1997

Section 29.3 stands as an alternative exemption for taxpayers unable to qualify for the “original package” exemptions provided in sections 6-l.l-10-29(b) 1 and 6-l.l-10-30(a), (b), and (c). 2 Although there are important … section provides: (c) Personal property that is manufactured in Indiana and that would be exempt under subsection (b), except that it is not stored in its original package, is exempt from property taxation if the owner can establish

Frank L. Ciminelli Construction Co. v. New York State Thruway Authority

157 Misc. 2d 188 · New York Court of Claims · Dec 17, 1992

The court finds that claimant has established by a fair preponderance of the evidence that the total cost plus overhead and profit amounted to $49,233.49. … It should also be noted that although estimated quantities were not stated in the unit price bid for this item of the work, the contract clearly called for identical systems for both ends of the bridges.

Lifeline, Inc. v. Township of Mahwah

New Jersey Tax Court · Apr 1, 2019

Noting that the property “clearly qualified for farmlands assessment,” the Court reversed the decision of the Tax Court that denied the assessment because “the taxpayers’ use of their property for the production and sale … N.J.S.A. 54:4-3.6 “clearly and unambiguously contains no such requirement.” Ibid. In Society of the Holy Child Jesus, 23 N.J. Tax 528 (Tax 2007), rev’d 418 N.J.

La Familia Cosmovision, Inc. v. the Inspiration Networks

2014 NCBC 51 · North Carolina Business Court · Oct 20, 2014

Moreover, even if PF intended to effectively assign its rights and obligations under the LOI to LFC, the LOI clearly prohibited such an assignment without Inspiration's written 35 In the First Amendment, the parties … [26] To dismiss the action entirely at this stage would plainly qualify as going "too fast too soon." Sutton v. Duke, 277 N.C. at 108.

Fitzgerald v. Washington

80 Misc. 2d 861 · Civil Court of the City of New York · Feb 13, 1975

As the petition herein clearly states, this proceeding is based on nonpayment of rent, no greater than the maximum established and fixed by the office of rent control. … The purpose of CPLR 2106 as originally enacted, was clearly to simplify the attorney’s practice. (Macri v St. Agnes Cemetery, 44 Misc 2d 702 .)

Thompsen, Jason v. Concrete Solutions

2015 TN WC App. 3 · Tennessee Workers' Compensation Appeals Board · Feb 10, 2015

The trial court concluded that the employee had not established entitlement to temporary disability benefits. … In response, the defendant asserted that it was a "statutory employer" and thus immune from suit in tort.

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc

2011 NCBC 14 · North Carolina Business Court · Jun 3, 2011

allowed Saunders, through TMC and JPA, to control the entire loan process and (c) "pushed through" loan applications submitted by purchasers of Coastal Communities Properties regardless of whether the purchasers were qualified … Secure and Fair Enforcement Mortgage Licensing Act G.S. 53-244.010, et seq.), to inform Plaintiffs about Saunders' selection of JPA as the appraiser, BB&T's decision to use an outside appraiser and BB&T's reliance on "clearly

Slater v. Director

26 N.J. Tax 322 · New Jersey Tax Court · Apr 27, 2012

The statute allowing for S & U refunds establishes a four year time period within which to file a request for a refund. … An otherwise eligible taxpayer or vendor who does not comply with the established procedures waives his entitlement to any refund.

Santa Fe Natural Tobacco Co. v. Dept. of Rev.

Oregon Tax Court · Feb 26, 2019

matter came before the court on the Motion for Summary Judgment of Plaintiff (taxpayer) and the motion for partial summary judgment of Defendant (the department).1 At issue is whether, given its Oregon activities, taxpayer qualifies … for immunity from Oregon taxation under 15 USC sections 381 to 384 (“Public Law 86-272”).

In re the Accounting of Security Trust Co.

189 Misc. 748 · New York Surrogate's Court · Apr 30, 1947

On the return day the special guardians qualified, and appeared specially to object to the jurisdiction of the court in this proceeding. … Subdivision 10 of section 40 of the Surrogate’s Court Act clearly had the foregoing purpose and effect.

Carnegie Hall Corp. v. Niffenegger

18 Misc. 3d 490 · Civil Court of the City of New York · Dec 3, 2007

Section 1 of chapter 524 provides, in relevant part: “There is hereby established The Carnegie Hall Corporation as a not-for-profit corporation with the powers, duration, immunities and obligations under the laws of this … Respondents’ situation is clearly distinguishable from those cases finding significant and meaningful governmental participation triggering due process guarantees (512 E. 11th St.

Russell v. Department of Revenue

19 Or. Tax 228 · Oregon Tax Court · Jan 3, 2007

The Ninth Circuit Court of Appeals has clearly stated that "[t]he question of the amount of [gambling] losses sustained by a taxpayer is a question of fact to be determined from the facts of each case, established by the … In Norgaard , the Ninth Circuit stated that, "[i]n order to qualify for the estimation treatment under Cohan , the taxpayer must establish that he is entitled to some deduction."

Stryker Corp. v. Director, Division of Taxation

18 N.J. Tax 270 · New Jersey Tax Court · Aug 16, 1999

During the audit years, plaintiff shipped merchandise from Allen-dale to thirty-six states, but was qualified to do business only in New Jersey, California, Florida, Illinois, Michigan and Tennessee. … The last two stated alternatives clearly point particularly to the nexus of localized activity within the state of a nature and extent, as here, *279 where it can realistically be said that state government substantially