Case law

Williams v. Dept. of Rehab. & Corr.

2018 Ohio 1721 · Ohio Court of Claims · Apr 27, 2018

with Wilford and the underground store. {¶49} Plaintiff attaches significance to testimony by Wilford that he had an agreement with corrections officers to settle disputes “in house” if no weapon was involved, but clearly … But, the evidence failed to establish what the weapon was made from, and to attribute the weapon to a light fixture component is purely speculative.

Drentlaw v. Dept. of Rev.

Oregon Tax Court · Feb 12, 2019

A home office maintained purely for the “personal convenience, comfort, or economy” of the employee does not qualify. Id. (citations omitted). … Although the letter from T & T does not clearly resolve the question, other evidence supports that finding.

Robinson v. Lane County Assessor, Tc-Md 091455c (or.tax 6-10-2011)

Oregon Tax Court · Jun 10, 2011

Plaintiff's appraisal witnesses were certainly qualified, but their conclusions simply not credible. … In closing, although not clearly stated, it appears that Plaintiff spent close to $500,000 building the house (and perhaps the barn and other outbuildings), plus the railroad. That work was all done on or before 2001.

Universal EDI Corp. v. Department of Revenue

Oregon Tax Court · May 21, 2013

Roode testified that Plaintiff “qualifies for a section 119 lodging deduction.” … It is well established by case law that a cash method taxpayer cannot pay an amount by executing a note. See e.g., Baltimore Dairy Lunch v.

Question Submitted by: The Honorable Marty Quinn, State Representative, District 9

2014 OK AG 3 · Oklahoma Attorney General Reports · Feb 19, 2014

To qualify for the armed private investigator license, an applicant must meet age, citizenship, moral character, and criminal background standards, while also successfully completing "Phase I, III and IV training," a "psychological … Howard , 276 P.3d 1031, 1035 (Okla. 2012) ("If the [statutory] language is plain and clearly expresses the legislative will, further inquiry is unnecessary.").

Taidoc Tech. Corp. v. Ok Biotech Co., Ltd.

2015 NCBC 71 · North Carolina Business Court · Jul 17, 2015

The moving party bears “‘the burden of clearly establishing lack of a triable issue’ to the trial court,” N.C. Farm Bureau Mut. Ins. Co. v. Sadler, 365 N.C. 178, 182, 711 S.E.2d 114, 116 (2011) (quoting N.C. … Member {37} OK Biotech’s “member” argument is premised on its contention that OK Biotech’s March 19, 2013 purchase of a forty-five percent (45%) membership interest in Prodigy qualifies OK Biotech as a “member” released

Case of Johnson

1 Armstrong. Election Cases 206 · New York State Assembly · Jan 5, 1848

Avery, which, if admitted to be properly established (and the undersigned by no means concede it is) would not affect the result. … S.j 140, § 31, 3d ed., declares that each inspector shall challenge every voter whom he knows or suspects not to be qualified.

Town of Kearny v. PSE&G Services Corp.

New Jersey Tax Court · Feb 25, 2022

To determine if a law is special legislation, courts apply a three-part test established in Vreeland v. Byrne, 72 N.J. 292 (1977). … First, “a statute is presumed to be constitutional, and it will not be declared void unless the statute is clearly repugnant to the Constitution.” Ibid.

Acker v. Department of Revenue

Oregon Tax Court · Aug 10, 2012

314.011(2)(a) states that “[a]ny term [used in this chapter] has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly … The aforementioned IRC sections do not establish an April 15 filing due date.

Sam S. Russo v. Township of Plumsted

New Jersey Tax Court · Nov 9, 2022

Defendant further asserts the substantial disparity in income generated from the non-agricultural uses versus the income generated from the agricultural uses of the subject property clearly demonstrates that the non- agricultural … In light of the assertions made by plaintiff, disparity in income alone is insufficient to conclusively establish that the dominant use of the subject property is non-agricultural.

Hawley v. James

16 Wend. 61 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1836

The term as limited by the testator and qualified by law, depended in part on time and in part on the continuance of life. … the subtleties of judicial interpretation” rules, which are not clearly recognized and established in the statutes.

Oldham, John v. Freeman Webb Company Realtors d/b/a Sunnybrook

2024 TN WC App. 41 · Tennessee Workers' Compensation Appeals Board · Nov 8, 2024

The initial DCN clearly indicated permanent disability benefits were at issue, and the September 2023 post-mediation DCN also included compensability as a disputed issue. … To qualify for such benefits, the employee must satisfy certain well-defined criteria.

Boquist v. Dept. of Rev.

23 Or. Tax 263 · Oregon Tax Court · Mar 21, 2019

Rather than break this connection to federal tax- able income, SB 1528 establishes an “addition” to federal tax- able income. … Oregon does not impose its tax on the amount deducted under Section 199A(a), the corresponding addback amount under SB 1528, or even on “qualified business income” as used in Section 199A(a).

Phelps v. Weyerhaeuser Co.

North Carolina Industrial Commission · Aug 18, 2003

Thus, plaintiff has not established that he is entitled to an order of removal. … And, thereby Honeycutt is consistent with Clark, Abernathy , and § 97-64 , to the effect that an employee not entitled to § 97-61.5 (b) benefits may qualify for benefits under the general provisions for disability.

In Re Berkhimer

877 A.2d 579 · Court of Judicial Discipline of Pennsylvania · Apr 14, 2005

These holdings clearly inform that the conduct in this case belongs in the latter category. For example, in Cicchetti we said: Canon 2 ... [is] directed at conduct which would impugn or detract from the ... … We have no difficulty in qualifying an enterprise designed for the pursuit of the office of district justice with its attendant salary and perquisites as a “gainful pursuit,” and, therefore, conclude that this activity constitutes

The United House of Prayer for All People of the Church on the Rock of the Apostolic Faith v. Camden City

New Jersey Tax Court · May 12, 2022

To establish a right to an exemption a petitioner must “satisfy the statutory three-part test that flows from N.J.S.A. 54:4-3.6. … Clearly the Bishop has no personal interest in any property of the plaintiff.

Bronson v. Burnham

2026 NCBC 45 · North Carolina Business Court · Apr 29, 2026

Burnham first asserts that he cannot be held liable for conduct relating to his management of the Pub because the acts of which the Bronsons complain are based on decisions for which he is immunized from liability by the … material fact as to whether the directors “engaged in a rational [decision-making] process” or “unreasonably permitted the waste of [the company’s] corporate assets”); Norment, 2022 NCBC LEXIS 73, at *33 (concluding that “clearly

Pryles v. State

86 Misc. 205 · New York Court of Claims · May 14, 1975

The committee was looking for a qualified doctor to serve jointly as director of pediatrics at the hospital and as professor of pediatrics at the school. … Plimpton states he "would be delighted to consider” claimant for another appointment at the school if claimant re-established with another hospital.

Wynne v. Lincoln County Assessor, Tc-Md 080231c (or.tax 10-16-2009)

Oregon Tax Court · Oct 16, 2009

ORS 308.007 (1)(a), (2). 2 Because this matter was heard under the *Page 5 provisions of ORS 305.288 (1) (2007), the court cannot order a reduction in RMV unless Plaintiff satisfactorily establishes an error in value of at … Plaintiff clearly has not shown the 20 percent error required by ORS 305.288 (1) (2007). Accordingly, Plaintiffs appeal is denied.

Morris Int'l, Inc. v. Packer, 2021 Ncbc 66a

North Carolina Business Court · Nov 2, 2021

MI does not contend that the land that was to have been utilized for the original RV Park qualifies as an asset of the Joint Venture. … The letter can be read as a demand for information regarding the Joint Venture as it does not clearly differentiate between the prior and current RV projects at Olde Beau.