Case law

Kokomo Urban Development, LLC v. Mindy Heady, in her official capacity as Howard County Assessor

125 N.E.3d 15 · Indiana Tax Court · May 13, 2019

STANDARD OF REVIEW The party seeking to overturn an Indiana Board final determination bears the burden of demonstrating its invalidity. Osolo Twp. Assessor v. … Ass’n, Inc. v. Indiana Dep’t of State Revenue, 568 N.E.2d 578, 581 (Ind.

Everhart v. Pdci

North Carolina Industrial Commission · Feb 14, 2000

Brown on 21 January 1998. Dr. Brown recommended a lumbar laminectomy. 7. Dr. Brown performed a lumbar hemilaminectony on plaintiffs L5-S1 on 11 February 1998. … Click v. Pilot Freight Carriers, Inc., 300 N.C. 164 , 265 S.E.2d 389 (1980); Anderson v. Northwestern Motor Co., 233 N.C. 372 , 64 S.E.2d 265 (1951). 4.

Grider v. Department of Local Government Finance

799 N.E.2d 1239 · Indiana Tax Court · Dec 11, 2003

STANDARD OF REVIEW ~ This Court gives great deference to the final determinations of the State Board when it acts within the seope of its authority. Thousand Trails, Inc. v. … Thus, it is incumbent on the State Board to rebut the Griders' evidence and to come forward with probative evidence that would substantiate the application of an "A" grade. Cf. Whitley Prods., Inc. v.

Maryland Casualty Co. v. Hendrick Memorial Hospital

169 S.W.2d 969 · Texas Commission of Appeals · Mar 17, 1943

aside the Board’s award and recover compensation. … Judicial notice may be taken of the Board’s construction of the statute and practice under it. Cathey and Carrell v. Terrell, 121 Tex. 130, 132 , 45 S.W.2d 956 ; Short v. W. T.

Cook v. Atlantic Industrial Constructors

North Carolina Industrial Commission · Jul 22, 1998

Brown, an orthopedic surgeon, and indicated that he did not recall any specific trauma. He never advised Dr. … G.S. § 97-2 (6); Anderson v. Northwestern Motor Company , 233 N.C. 372 , 64 S.E.2d 265 (1951). 2. Plaintiff is not entitled to benefits under the Workers' Compensation Act for his back condition.

Pollack v. Pollack

46 S.W.2d 292 · Texas Commission of Appeals · Feb 24, 1932

Brown, 230 Ky. 534 , 20 S.W.(2d) 284 ; Clarey v. Security Portland Cement Co., 99 Cal. App. 783 , 279 P. 483 ; Washington County v. Williams (C. C. A.) 111 F. 801 ; Moore v. Security Trust & Life Ins. Co. (C. C. … Co. v. English, supra, or that Judge Brown had same, under consideration in preparing that, opinion.

Question Submitted by: Taylor Henderson, Administrative Director, Oklahoma Council on Judicial Complaints

2024 OK AG 17 · Oklahoma Attorney General Reports · Nov 1, 2024

Licensure & Supervision v. Rivero , , ¶ 20, , 44. … (citing Vogel v. Corp. Comm'n of Oklahoma , , , 587). ¶11 Such analysis applies equally to other state boards, agencies or commissions in the executive branch.

Wal Mart Stores, Inc. v. Wayne Township Assessor

825 N.E.2d 485 · Indiana Tax Court · Apr 8, 2005

ANALYSIS AND OPINION Standard of Review This Court gives great deference to final determinations of the Indiana Board. Wittenberg Lutheran Vill. Endowment Corp. v. Lake County Prop. … For the foregoing reasons, the Court AFFIRMS the final determination of the Indiana Board valuing Wal Mart's property for the 2001 tax year. *491 COM. v. WALKER Mass. 491 Cite as 825 N.E.2d 491 (Mass. 2003) 1 .

Nantista v. 130 West 86 Apartments Corp.

130 Misc. 2d 635 · Civil Court of the City of New York · Dec 12, 1985

v 239 Cent. … Goldschmidt v Board of Educ., 217 NY 470, 474 [1916]; see also, Pape v Home Ins.

VSH Realty, Inc. v. Harding Township

14 N.J. Tax 379 · New Jersey Tax Court · Nov 1, 1994

Taxpayers suggest that it may merely state that it is contesting the assessment and the obligation is then on the county tax board to determine whether or not the assessment is correct. Taxpayers rely on Pope v. … The reasoning of the Board of Tax Appeals in Pope v. Bed Bank is not applicable because of the passage of time and changes in the economy and rules of procedure.

Metropolitan Casualty Ins. Co. v. Cheaney

55 S.W.2d 554 · Texas Commission of Appeals · Dec 22, 1932

Winder v. Sterling supra. … Before leaving this subject, it may be well to notice the case of Harris County v. Campbell, 68 Tex. 22 , 8 S. W. 243 , 2 Am. St. Rep. 467 , followed in Clark v. Gillespie, 70 Tex. 513 , 8 S.

Banyan Mezzanine Fund II, Lp v. Rowe

2016 NCBC 35 · North Carolina Business Court · May 10, 2016

In other words, when a board refuses a pre-suit demand, the only permissible challenge is to the board's good faith and to the reasonableness of its investigation. See Spiegel, 571 A.2d at 777; Levine v. … Mills v. Esmark, Inc., 91 F.R.D. 70, 73 (N.D. Ill. 1981). Delaware requires that the board "promptly" advise "what action the board has taken in response to the demand." Grimes v. Donald, 673 A.2d at 1218.

Marion County Assessor v. Stutz Business Center, LLC

119 N.E.3d 239 · Indiana Tax Court · Jan 11, 2019

See T.R. 4.6(A)(1); see also, e.g., Beyer v. State, 280 N.E.2d 604, 606 (Ind. 1972); Board of Comm’rs of Daviess Cty. v. State ex rel. … Stutz cites Smith v.

Borough of Edgewater v. United States Life Realty Corp.

2 N.J. Tax 421 · New Jersey Tax Court · Apr 23, 1981

See Union Terminal Cold Storage Co. v. Spence, 17 N.J. 162 , 110 A.2d 110 (1964). … The classic statement of the obvious legislative purpose is found in Newark v.

American Hydro Power Partners, L.P. v. City of Clifton

9 N.J. Tax 259 · New Jersey Tax Court · Jul 13, 1987

Defendant cites Jackson Tp. v. Marsyll of B.B. Inc., 3 N.J.Tax 386 (Tax Ct.1981) and Hi-Nella Assocs. v. Hi-Nella, 3 N.J.Tax 414 (Tax Ct.1981) in support of its position. Defendant’s argument is unsound. … See Springfield Tp. v. Garner, 3 N.J.Tax 92 (1981); Boardwalk Properties v. Atlantic City, 5 N.J.Tax 192 (1983).

Y-City News v. Tri-Valley Local School Bd. of Edn.

2022 Ohio 2664 · Ohio Court of Claims · Jul 12, 2022

Here, the Board is represented by legal counsel and the Court has not ordered service on the Board itself. … In State v. Johnson, 8th Dist.

In re Nocella

79 A.3d 766 · Court of Judicial Discipline of Pennsylvania · Jun 26, 2013

v. … Most notable of the 24 cases undisclosed was the case Philadelphia Board of Ethics v.

Sullivan v. City of Galveston

34 S.W.2d 808 · Texas Commission of Appeals · Feb 4, 1931

and as ordered by the Board of Commissioners. … Redress still is available to them in said bankruptcy proceedings (Williams v. Fidelity Co., *813 236 U. S. 549 , 35 S. Ct. 289 , 59 L. Ed. 713 ), as well as elsewhere (Boynton v. Ball, 121 U. S. 457 , 7 S.

Erwin v. Myers Park Country Club, Inc.

2021 NCBC 45 · North Carolina Business Court · Jul 27, 2021

See, e.g., Cooke v. … Miller v. First Bank, 206 N.C.

In re the Appeals filed by the City of Jersey City

24 N.J. Misc. 315 · New Jersey Tax Court · Sep 3, 1946

James v. DuBois, 16 N. J. L. 285, 293; Steel v. Freeholders of Passaic, 89 Id. 609, 612; 99 Atl. Rep. 318 ; Household Finance Corp. v. State Board of Tax Appeals, 119 N. J. L. 230, 234; 196 Atl. Rep. 219 ; Diorio v. … See, also, Paret v. Bayonne, 39 Id. 559; Fleischauer v. West Hoboken, 40 Id. 109; Jones v. Landis Township, 50 Id. 374; 13 Atl. Rep. 251 ; McGovern v. Board of Public Works, 57 N. J. L. 580; 31 Atl. Rep. 613 ; App v.