Case law

City of East Orange v. Township of Livingston

27 N.J. Tax 161 · New Jersey Tax Court · Jan 31, 2013

East Orange’s allegations that the sheer quantum of the assessments is so grossly excessive that it amounts to unconstitutional “taking” of the Subject, does not immunize the complaint from the application of the relevant … Clearly, it had more than an adequate remedy to challenge Livingston’s assessments by applying to either the County Board of Taxation or this court.

People v. Biltsted

151 Misc. 2d 620 · Criminal Court of the City of New York · Jun 24, 1991

Nor does governing statutory or decisional law require either a specific duration or identical location before separate charges can qualify as a single criminal transaction. … Clearly, the allegations here are of ongoing, wanton criminal behavior by hundreds of people, including the defendants.

Solvay Specialty Polymers, LLC v. Director, Division of Taxation

New Jersey Tax Court · Jan 20, 2022

If the Legislature did not intend for the Director to establish regulatory standards, the term “the person shall first establish to the satisfaction of the director, under such regulations as the director may prescribe … Next, the court must consider if the repair parts qualify as being directly utilized in the process.

Besen v. State

17 Misc. 2d 119 · New York Court of Claims · Apr 14, 1959

The courts *131 have held that the property owner’s ownership, regardless of his knowledge, qualifies him to testify. … Ownership alone does not qualify one who has no knowledge of value or who is not familiar with the location, quality or value of his real estate. (32 C. J.

In re the Will of Walker

185 Misc. 1046 · New York Surrogate's Court · Dec 29, 1944

There was an attempt to establish that the objectant terminated the relationship in early December. It appeared, however, that Dr. … This provision clearly limited a beneficiary to the amount he actually received from the trust estate in the fifty-two weeks immediately preceding Miss Walker’s death.

Division of Family Service (Dfs) v. X.

802 A.2d 325 · Delaware Family Court · Apr 23, 2002

United States or Delaware Constitutions by the State’s failure to advise the parent in advance of a Termination of Parental Rights hearing of their right to request the appointment of legal counsel if they believe they so qualified … However, even if the State had established that it had provided Respondents’ with an appropriate case plan and made reasonable efforts to reunify, the Court does not believe that the evidence establishes that it is in G.Jr

In re the Accounting of First National Bank & Trust Co.

11 Misc. 2d 96 · New York Surrogate's Court · Feb 21, 1958

The rule, clearly set forth in Matter of Durand {supra, p. 55 ) is that: “ The law does not accelerate remainders except in favor of the same persons who would take them if the intermediate estate, expunged as illegal, had … Although counsel for the Kelly descendants argue to the contrary, it is clear they cannot qualify under this rule.

Fifth Roc Jersey Associates, L.L.C. v. Town of Morristown

26 N.J. Tax 212 · New Jersey Tax Court · Dec 7, 2011

The court granted taxpayer’s motion to invalidate the added assessment, finding the underlying work was completed outside the statutory timeframe since “the record clearly indicate[d] that the improvements occurred before … The court finds that the addition of these smoke and heat detectors between December 24, 2008 and January 26, 2009 do not qualify as improvements to “a building or other structure,” within the meaning of N.J.S.A. 54:4-63.2

Opinion No. 78-300 (1979) Ag

Oklahoma Attorney General Reports · Jan 4, 1979

In connection with this conclusion, it is understood that such handicapped children must, to qualify for funding assistance, meet all other applicable eligibility requirements and criteria under this program. … This question must clearly be answered in the affirmative. 70 O.S. 13 -101 [ 70-13-101 ] (1978) provides, in part: "The several school districts of Oklahoma are hereby authorized to provide special education necessary for

Locklear v. Liberty Life Insurance Company

North Carolina Industrial Commission · Jan 19, 1996

Clearly, Dr. Perryman attributes Mr. Locklear's back pain to the work injury, which occurred on November 25, 1992. 16. … The job description stipulated into evidence establishes his job entailed significant driving.

Norment v. Rabon

2021 NCBC 1 · North Carolina Business Court · Jan 5, 2021

Norment will apply to become qualified individuals of Advantage. … contending that he was heavily involved in the merger process, that he was kept informed of the approval process, and that he “clearly knew . . . the status of approvals not having been obtained from NCCOB in July 2014.

Schytz v. Yamhill County Assessor

Oregon Tax Court · Feb 1, 2024

Payment of two-thirds of the tax qualifies for a two percent discount. ORS 311.505(3)(a). Payment of the full amount due on or before November 15 qualifies for a three percent discount. ORS 311.505(3)(b). … The court finds that Defendant’s determination is not capricious or clearly wrong.

Schwartz v. State

162 Misc. 2d 313 · New York Court of Claims · Aug 26, 1994

FACTUAL BACKGROUND In 1983, Arthur Schwartz, an inmate in the State prison system, was diagnosed as suffering from AIDS (Acquired Immune Deficiency Syndrome). … There was no "compelling public necessity” as that term is defined in the statute, and, despite the clearly stated objections of Mrs.

Wilson Whitney v. Department of Revenue

Oregon Tax Court · Nov 30, 2012

Defendant filed an Answer disagreeing that Plaintiff qualified for innocent spouse relief. … If the following four conditions are met, the individual will qualify for innocent spouse relief.

Karczmit v. State

155 Misc. 2d 486 · New York Court of Claims · Aug 27, 1992

Pugh to be an exceptionally qualified and credible witness. The court accepts his testimony and finds that, at an impact speed of 15 to 17 miles per hour, Mrs. … Clearly, the Federal standard does not require the application of the Spier rule relative to the mitigation approach to the seat belt defense but permits the comparative fault approach or any other approach that acts to reduce

Saner-Ragley Lumber Co. v. Spivey

238 S.W. 912 · Texas Commission of Appeals · Mar 15, 1922

True, if the decedent has left a will or testament, upon such testament being established under the lex domicilii, it will usually be confirmed under the jurisdiction where the property is found. … It was clearly competent for the laws of that state, operating upon a subject of property subjected to them, to create a right of ownership that would be respected everywhere.

McGuire v. Lord Corp.

2021 NCBC 3 · North Carolina Business Court · Jan 19, 2021

May 25, 2016) (“It clearly is proper for a shareholder to inspect corporate records to determine the proper valuation of his stock.”); see also, e.g., Hagy v. Premier MFG. … LORD argues that because a right to inspect a shareholder list is a “qualified right” and the “primary reason” a shareholder is permitted inspection of a shareholder list under Pennsylvania law is to “to influence the

Duncan, Danya v. Houchens Food Group, Inc.

2015 TN WC 47 · Tennessee Court of Workers' Compensation Claims · May 12, 2015

He additionally wrote, "I discussed with him that clearly his pain is out of portion (sic.) to what I am seeing on the MRI scan. . . . … The Tennessee Supreme Court has consistently held that, in order to qualify as a compensable workers' compensation claim, an injury must both "arise out of' and occur 6 "in the

In re the Judicial Settlement of the Accounts of Woodard

13 N.Y. St. Rep. 161 · New York Surrogate's Court · Nov 11, 1887

The will was subsequently admitted to probate and Orlando Woodard, named therein as executor, duly qualified and entered upon the • discharge of his duties. Mr. … I think that the plaintiff is clearly entitled to costs out of the fund.”

Scr-Tech LLC v. Evonik Energy Servs.

2013 NCBC 42 · North Carolina Business Court · Aug 13, 2013

{6} As an initial matter, Defendants contend that Ebinger could never qualify as SCR-Tech’s “parent” because it was never a majority owner. … Wis. 2013) (“This court agrees with the government’s contention that the defendants have failed to establish any joint defense or common interest agreement, express or implied . . . .”). to Defs.’