Case law

Locavore v. Deschutes County Assessor

Oregon Tax Court · Nov 27, 2018

Property leased by a charitable institution may qualify for tax exemption on the same basis as property owned by a charitable institution. … Farmers and ranchers clearly benefited from Locavore’s activity.

In Re Senergy and Thoro Class Action Settlement

1999 NCBC 7 · North Carolina Business Court · Jul 14, 1999

Some defendants have retained the same counsel and there has clearly been a coordinated effort on the part of defense counsel in this case. … The discovery needed is clearly ascertainable, even if it is voluminous.

In re the Accounting of Marvin

193 Misc. 531 · New York Surrogate's Court · Aug 6, 1948

I direct that this trust, when set up and established, shall be and shall be accepted as in full settlement, release and discharge of any further liability and obligation whatsoever of maintenance, support or otherivise to … Resort to such extrinsic aids is permissible only when the will fails clearly to express the intention of the testator.

Rollins v. K-Mart Corp.

North Carolina Industrial Commission · Jan 10, 2007

Harley also reviewed the MRI done July 31, 2003, and noted that it did not clearly suggest acute compression fracture. However, in Dr. … Given his age, education, work experience, and limitations, there would appear to be very few, if any, jobs in the competitive marketplace that he would be qualified for or could obtain. 33.

Township of Freehold v. CentraState Healthcare Services, Inc., CentraState Healthcare Services, Inc. v. Township of Freehold

New Jersey Tax Court · Jan 9, 2018

Such facilities can now independently qualify for exemption. … Rather, it only shows that CHSI, as a for-profit entity, was clearly not organized “exclusively” for tax-exempt hospital purposes.

Goldman v. Fay

8 Misc. 3d 959 · Civil Court of the City of New York · Jun 2, 2005

The type of repairs the claimant had done to the premises qualifies as a home improvement and was required to be performed by a licensed home improvement contractor (General Business Law art 36-A; 6 RCNY 2-221 et seq.). … So even if the claimant established the liability of the defendant, claimant cannot prevail on his damage claim. C. Defendant’s Counterclaim. Defendant has filed a counterclaim.

Associated Ins. Cos. v. DEPT. OF ST. REV

655 N.E.2d 1271 · Indiana Tax Court · Sep 29, 1995

The language which the Department cites does not clearly indicate that the legislature intended to depart from its "single taxpayer" policy. … Const. § 47.33 (5th Ed.1992) ("[Referential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent.")

Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.

69 N.Y.S.3d 520 · Court for the Trial of Impeachments and Correction of Errors · Dec 12, 2017

has taken place on the part of the mortgagor or any other party involved in the origination or servicing of the mortgage loan; the mortgage file contains an appraisal of the related mortgaged property which was made by a qualified … It clearly covers any and all misrepresentations related to the entire agreement, meaning the entire transaction.

In re the Estate of McCafferty

147 Misc. 179 · New York Surrogate's Court · Apr 12, 1933

This, with the three qualifying certificates, completed the issuance of the total authorized capital of 2,500 shares. … That history frequently repeats itself is clearly demonstrated by the language in Matter of Weston ( 91 N.

People v. White

24 Wend. 518 · Court for the Trial of Impeachments and Correction of Errors · Dec 28, 1840

The words “ and from a premeditated design to effect the death of the said Peter Fitzpatrick,” used in this indictment, have a restraining and qualifying effect *upon the words “ of bis [ *582 ] malice aforethought,” which … I think the error of the court below upon this point arises from their regarding the words “ and from a premeditated design” as an interpolation, without any qualifying effect; and that they might be stricken out without

Dinsdale v. Marion County Assessor

Oregon Tax Court · Apr 13, 2012

Plaintiff has the burden of proof and must establish its case by a preponderance of the evidence. ORS 305.427. A “[p]reponderance of the evidence means the greater weight of evidence, the more convincing evidence.” … Additional testimony did not clearly address the questions raised by Howells. Id. At the suggestion of the chairperson, a subcommittee was convened to further discuss HB 2847 and suggest amendments. Id.

Maynard v. Valentine

2 Wash. Terr. 3 · Washington Territory · Jul 15, 1880

Granting all this to be as stated, and even that no legislature could rightfully so act, yet, if these circumstances do not clearly appear upon the face of the enactment, must it not be conclusively presumed that the legislature … It does not propose to -dispose of the soil, nor qualify a disposition already made. All it does at the most is to change the relations of two parties between themselves.; tha-t they are n© longer husband .and wife.

Friends of Fort George, Inc. v. Fairfield Communities, Inc.

24 Fla. Supp. 2d 192 · State of Florida Division of Administrative Hearings · Oct 6, 1986

The evidence produced at hearing clearly demonstrates that Fairfield has met the conditions set forth above for issuance of a CUP. … The facts in Booker Creek are clearly distinguishable from the fact in this case.

Fogelman v. Town of Chatham

2 Mass. Supp. 687 · Massachusetts Land Court · Sep 11, 1981

Hemond are qualified by education and work experience in relevant fields to render an opinion on wetland vegetation. … Section 3.44 is clearly tied into the bounds of a Conservancy District.

Otis v. State

176 Misc. 389 · New York Court of Claims · Apr 22, 1941

True, the Court of Claims is a creature of statute, but the consent of the State to be sued having once been given, relief is established pursuant to common-law principles. … It was work formerly *399 done by the ship’s crew but owing to exigencies of increasing commerce and demand for rapidity and special skill it has become a specialized service evolving upon a class as clearly identified with

In Re Whittaker

948 A.2d 279 · Court of Judicial Discipline of Pennsylvania · Apr 22, 2008

Respondent took this job as a fire truck driver partly as a community service because the Fire Department was having difficulty finding qualified fire truck drivers. (N.T. 159). 53. … Respondent took that job partly as a community service because the Fire Department was having difficulty finding qualified fire truck drivers. His wages were small — in 2005 he earned $2,800.

In re Brown

54 Misc. 3d 515 · Civil Court of the City of New York · Nov 4, 2016

Dismissing the petition for failure to affirmatively establish the allegations thereof or because of the affirmative establishment by the owner .... of a defense or defenses specified in section seven hundred seventy-five … Kahn v Riverside Syndicate, 34 AD2d 515, 516 (1st Dept 1970) (“[a] close examination of the record establishes that the proof adduced was clearly insufficient to support the appointment of an administrator.

Old Port Cove Property Owners Ass'n v. Department of Environmental Regulation

27 Fla. Supp. 2d 158 · State of Florida Division of Administrative Hearings · May 20, 1987

The establishment of idle speed and no wake zones in both marinas and the access channels; h. … The Association is also concerned with water qualify in the area, fire safety, wake damage, and noise pollution as a result of the proposal.

RCA Corp. v. East Windsor Township

1 N.J. Tax 481 · New Jersey Tax Court · Sep 18, 1980

Secondly it clearly indicated the added value resulting from the availability of sewers. … Therefore, assuming the correctness of township’s position, it is obvious that only 75% of the space would qualify for the adjustment.

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 28, 1996

City of Long Beach, supra, and the "majority rule" and stating: Clearly, an employee has an expectation of receiving a pension and makes many of life's decisions based on the security of receiving a pension. … by the less restrictive factors listed in the "Oklahoma rule," Section 923(A) of the OPERS statutes prohibits any form of retroactive modification by the Legislature as to the existing service-related rights of current qualified