Case law

Kemper v. Police & Firemen's Ins. Ass'n

44 S.W.2d 978 · Texas Commission of Appeals · Jan 6, 1932

With reference to the injury itself and its resultant effects, immediately and later, the evidence is, in law, sufficient to establish the following facts: That William H. … We think the Court of Civil Appeals is in error in this holding, and that the facts of this, case are clearly distinguishable from the facts in the Wade Case.

Scruggs, Carla v. Amazon.com Services, LLC

2022 TN WC App. 43 · Tennessee Workers' Compensation Appeals Board · Dec 19, 2022

Moreover, in Tennessee Code Annotated section 50-6-118, the Bureau was given the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act (“UAPA”) to “establish and collect penalties” for … This court clearly has the authority to award damages for frivolous appeals sua sponte. Id. at *10-11.

Craig v. Pittman & Harrison Co.

250 S.W. 667 · Texas Commission of Appeals · Apr 18, 1923

Barnett is a duly elected, qualified, and acting justice of the peace of precinct No. 1 of Dallas county, Tex., and resides in said county. “ ‘ (2) That on the - day of December, 1918, the St. … Stats., as amended in 1917, while the other ignores such legislative intent and misapprehends the purpose clearly sought to be attained by the enactment.

Harmon v. Ball-Incon Glass Pkg.

North Carolina Industrial Commission · Aug 2, 2005

He is imminently qualified as an expert in pathology with a concentration on asbestos-related diseases based upon his education, distinguished career and extensive array of peer review publications. 13. Dr. … If no definition is given, non-technical words are to be given their meaning in ordinary speech, unless the context clearly indicates another meaning was intended.

State of Delaware v. Leroy Berry

Delaware Court of Common Pleas · Apr 20, 2018

suspicious activity as it was occurring in her driveway”). 38 Note that Defendant is not arguing that Officer Hilliard lacked reasonable articulable suspicion to investigate the one-vehicle accident, This argument would clearly … Ultimately, the Court found the defendant guilty of operating a motor vehicle under the influence of narcotics because the defendant’s actions clearly evidenced a driver who was unable to properly operate a vehicle.

Halper v. Ætna Life Insurance

42 Misc. 2d 184 · Civil Court of the City of New York · Mar 2, 1964

Act) proceeding involving the issuance of a building permit to “ Ferncliff,” the court, upon the occasion of such proceeding, held that for the purposes of qualifying for the permit in question Ferncliff Manor was “a hospital … The definition of a hospital was clearly described and could be understood by the average person.

Opinion No. (2005)

Oklahoma Attorney General Reports · Mar 31, 2005

Additionally, the use of "two thousand-foot radius" clearly establishes the prohibited zone. … A man may be forbidden to practice medicine because he has been convicted of a felony, or because he is no longer qualified[.]

Levy, Morris v. City of Long Branch

New Jersey Tax Court · May 8, 2023

The record clearly reflects that there was no waiver of the Freeze Act in the 2021 Tax Court judgment. … N.J.S.A. 54:51A-8(b) (“burden of proof is on the taxing district to establish that the assessor acted reasonably in increasing the assessment” in a freeze year). Such proof must be for each freeze year.

New York Fuel Terminal Corp. v. N.J. Dept. of Treasury

10 N.J. Tax 26 · New Jersey Tax Court · May 20, 1988

Since NYFT does not resell in New Jersey 95% or more of its gasoline to not less than 25 retail dealers, it does not qualify for a gasoline jobber’s license. … The exchange provides a forum or marketplace which establishes the free market price of petroleum products through an auction system.

Gardner v. Gardner

22 Wend. 526 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1839

If the declaration of her purpose be considered as made to- the surrogate only, a thing not very probable, it was in no way qualified with a suggestion that the purpose had not been fulfilled. … Cases were cited at the bar, that if general insanity be established, it will be presumed to continue, unless a lucid interval at the time of the transaction in question be clearly shown; but does proof that a man is in the

90 Riverdale, L.L.C. v. Borough of Riverdale

27 N.J. Tax 328 · New Jersey Tax Court · Jul 30, 2013

would be more willing to proclaim when clearly warranted, that “the Emperor has no clothes.” 20 Here, the court finds that 90 Riverdale has failed to meet its burden of proof. ii. … In the absence of a persuasive development analysis, [the court may] conclude that defendant has not established excess land value ...” Id. at 558 .

Linda D Donovan v. Clark County Assessor

Indiana Tax Court · Dec 22, 2025

“An abuse of discretion may occur if the Indiana Board’s decision is clearly against the logic and effect of the facts and circumstances before it, or if the Indiana Board misinterprets the law.” … More fundamentally, the Donovans did not establish that they selected sales of comparable units when accounting for all value- affecting characteristics.

Perron v. Department of Revenue, Tc-Md 091421d (or.tax 6-6-2011)

Oregon Tax Court · Jun 6, 2011

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." 939 F2d at 879 , citing Edelson v.

Hamby v. Building Materials Wholesale

North Carolina Industrial Commission · Jan 20, 2005

Despite his representations to the contrary, plaintiff clearly would benefit from retraining to help develop skills to facilitate his employability. 27. … Thus, plaintiff has failed to carry the burden of proof to establish that he is entitled to permanent and total disability benefits for the December 2000 injury or the March 2001 injury under N.C. Gen.

City of Woodburn v. Domogalla

1 Or. Tax 292 · Oregon Tax Court · Apr 30, 1963

While these cases are not on all fours with the instant case, they are quite close enough to establish clearly that the extension of a tax levy is a ministerial act and that mandamus will lie to require an assessor to extend … By the Oregon Tax Court Act, the legislature has established a new and separate tax court.

Borough of Little Ferry v. Vecchiotti

7 N.J. Tax 389 · New Jersey Tax Court · May 1, 1985

(Senior Citizen and Disabled Protection Act) protects the tenancies of qualified preconversion tenants up to forty years following conversion. … In rent control communities it is the ordinance itself that establishes the market.

Gussett v. Nueces County

235 S.W. 857 · Texas Commission of Appeals · Dec 21, 1921

In due course thereafter, he qualified by taking the prescribed oath and filing bond as required by law. He continued to serve Nueces county in that capacity until early in 1917, or for five terms of two years each. … Whatever remedy the district has is clearly against the present treasurer and county officials.

Kelsey v. Van Camp

3 Dem. Sur. 530 · New York Surrogate's Court · Jun 15, 1885

He gives to his. wife all his personal estate, not otherwise disposed of, to have and to hold during her natural life; clearly only a life estate, if the will stopped here. … This clause refers to the preceding portions of the will for the nature of the gift; which by the preceding clauses is clearly a life estate only.

State of Delaware v. Jaydevsinh Solanki

Delaware Court of Common Pleas · Nov 8, 2019

Moreover, Defendant states he spoke clearly and had no issues with balance. The State argues Granas properly obtained a valid warrant for the seizure and subsequent testing of Defendant’s blood. … DISCUSSION For a warrantless arrest, “the State must establish, by a preponderance of the evidence, that Defendant’s arrest was supported by probable cause.” * To establish * State v.

Rivera v. Dept. of Rev.

Oregon Tax Court · Apr 30, 2020

ORS 316.116(5) sets forth requirements “to qualify for a credit under this section.” … Parties’ Arguments Plaintiffs argue that ORS 316.116 “clearly states that the tax credit is allowable up to five years from issue date[.]” (See Compl, Ex 1 at 1-2.)