Case law

Bartholomew County Assessor v. Housing Partnerships, Inc.

Indiana Tax Court · Aug 3, 2020

Accordingly, the Assessor contends that Housing Partnerships failed to present sufficient facts to establish that it qualified for a charitable purposes exemption, contending that the Indiana Board should have rejected … Tax Ct. 2017) (providing that the Tax Court will not reweigh the evidence unless the Indiana Board’s decision is clearly against the logic and effect of the facts and circumstances before it or it misapplies the law),

Homere v. State

79 Misc. 2d 972 · New York Court of Claims · Nov 18, 1974

We think it ¡was clearly negligent for the State to allow the discharge of this man without reconvening a “ Commission” to re-evaluate his case. … Y. 681 , swpra) does not create an inflexible total immunity (¡see, for example, O’Neil v. State *976 of New York, 66 Misc 2d 936 ). Clearly, St. Gteorge v.

Julian v. Department of Revenue

17 Or. Tax 384 · Oregon Tax Court · Jun 11, 2004

from state taxation that Congress has not clearly expressed.” … The court is recognizing that simply moving goods in a truck does not qualify as a commercial activity.

Miller v. State

137 Misc. 768 · New York Court of Claims · Aug 27, 1930

From Esperance to the underpass, a distance of something over five miles, the highway was a completed, concrete, much-traveled road, and the flares, if lighted, could have been clearly seen from the west in full view about … If that were true, it would be the duty of this court under well-established principles to construe them, if possible, so that both might stand and force and effect be given to each.

Opinion No. (1985)

Oklahoma Attorney General Reports · Oct 18, 1985

Clearly the Legislature intended that newspapers, to qualify under this statute, shall be required to maintain a paid general subscription circulation in the county. … However, the Legislature did not establish a minimum percentage or number of paid general subscription circulation to qualify under 25 O.S. 106 (1984). We think that the language in a Washington case may be helpful.

Milner v. New York State Higher Education Services Corp.

4 Misc. 3d 221 · New York Court of Claims · Apr 29, 2004

Defendant, viewing the claim as sounding in defamation has moved for summary judgment asserting the claim is untimely, barred by truth as an absolute defense and that the defendant enjoys a qualified immunity in making the … Clearly, the instant claim filed in May 2001 is untimely. Despite claimant’s arguments to the contrary, defendant is entitled to summary judgment on the second cause of action as well.

Metildi v. State

177 Misc. 179 · New York Court of Claims · Sep 25, 1941

There was only a general statement by counsel that it was the State’s duty “ to inspect elevators in establishments of this character.” … Clearly it was intended for the protection of those workmen of whom claimant’s intestate was one.

Opinion No. (2001)

Oklahoma Attorney General Reports · Nov 8, 2001

Each consultant must be evaluated against a clearly established list of criteria which is provided to the consultant within seven days in advance of the interview. … are qualified; c.

Littman v. National Casualty Co.

48 Misc. 2d 881 · Civil Court of the City of New York · Jan 13, 1966

The court takes judicial notice that the Medical Society of the County of New York is a society specially established for doctors licensed to practice medicine in the State of New York. … This unique situation indicates clearly that the words ‘ ‘ any gainful occupation for which the Insured is reasonably fitted or qualified ” be limited to the allied fields in which the insured received training, in this particular

El Chami v. Automatic Burglar Alarm Corp.

106 Misc. 2d 559 · Civil Court of the City of New York · Dec 15, 1980

In Ciofalo v Vic Tanney Gyms ( 10 NY2d 294, 297 ) Justice Froessel, writing for the court, stated: “The wording of the contract in the instant case expresses as clearly as language can the intention of the parties to completely … Co. ( 258 NY 489, 495 ), the court said: “We think it clear that public policy does not condemn the immunity clause voluntarily agreed upon by these parties.” In H. G.

Fraternal Order of Eagles 3988, Inc. v. Morgan County Property Tax Assessment Board of Appeals

5 N.E.3d 1195 · Indiana Tax Court · Mar 18, 2014

will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … The Indiana Board also determined that Eagles did not establish that it qualified for the fraternal beneficiary association exemption under Indiana Code § 27-11-7-4. (See Cert. Admin. R. at 40.)

Keel v. Pulte

10 S.W.2d 694 · Texas Commission of Appeals · Nov 28, 1928

“In all elections determining the expenditure' of money for the assumption of debt only those shall be qualified to vote who pay taxes on property in said city and are legally qualified voters therein. … But aside from all this, it must not be forgotten that bonds are negotiable instruments, and as such are subject, to immunities which are not available to other classes of obligations.

Pandolph v. State

155 Misc. 2d 612 · New York Court of Claims · Sep 28, 1992

At common law, the State, as sovereign, was immune from liability (Glassman v Glassman, 309 NY 436, 440 ; Horoch v State of New York, 286 App Div 303, 304-305 ). … While exclusive jurisdiction of the Court of Claims clearly extends to lawsuits for monetary damages arising out of acts or omissions of State agencies (Sinhogar v Parry, 53 NY2d 424 ; Psaty v Duryea, 306 NY 413 ), the issue

In re the Estate of King

196 Misc. 2d 250 · New York Surrogate's Court · Jun 4, 2003

Clearly this law provides that the rights of a beneficiary of insurance prevail over claims of decedent’s creditors. … Decedent established a revocable inter vivos trust for his second wife and also established joint accounts with the second wife.

Shunkwiler v. Ohio Department of Transportation

66 Ohio Misc. 2d 96 · Ohio Court of Claims · Dec 7, 1992

Although nuisance and negligence are distinct torts, the acts complained of in the case at bar would be categorized as a qualified nuisance, requiring proof of negligence. Taylor v. … Therefore, plaintiff has failed to prove by a preponderance of the evidence any breach of duty establishing negligence constituting a nuisance.

Opinion No. (1987) Ag

Oklahoma Attorney General Reports · Jan 27, 1987

SUCCESSORS ARE ELECTED AND QUALIFIED. … THE STATUTE CLEARLY PROVIDES THAT THE BOARD OF DIRECTORS MAY ONLY CONSIST OF NINE MEMBERS, AND THAT THERE MUST BE NINE MEMBERS.

In re the Estate of Silverman

43 Misc. 2d 909 · New York Surrogate's Court · Aug 31, 1964

trustee, to qualify and serve without bond.” … Y. 315 , supra) are clearly distinguishable. Here the survivor was given the property “without limitation or restriction whatever”.

Waldo Block Partners v. Motion for Summary Jud.

16 Or. Tax 33 · Oregon Tax Court · Apr 18, 2002

The department contends that the statute’s legislative history clearly reflects an intent to update the assessed value of the property for purposes of the second 15-year special assessment period. … The constitution clearly anticipates that when the taxable status of property changes, either becoming disqualified for special assessment or becoming “newly eligible” for special assessment, a new MAV is established for

Kahn v. State

117 Misc. 186 · New York Court of Claims · Dec 15, 1921

By this act the state clearly waived its immunity from suit and waived the due filing of a notice of intention; but this is not in itself sufficient. “ The immunity of the state from liability for the torts of its agents … The state by the act in ques *189 tion not only failed to assume liability under the facts stated, but expressly provided that facts establishing liability on the part of the state must be proved as a condition precedent

Langenthal v. American Stuyvesant Garage

72 Misc. 2d 189 · Civil Court of the City of New York · Dec 4, 1972

The stipulated facts in this case are silent with respect to negligence by defendant, undoubtedly because negligence cannot be established. … This is not to suggest that the court finds every provision in this contract immune from possible conflict with section 5-325.