Case law

Muster v. Muster

921 A.2d 756 · Delaware Family Court · Sep 6, 2005

Though clearly off the mark from the Court’s final decision, the offer was politely made. … Instead of using the word “hypocritical”, perhaps a different tone in the negotiations might have been established if Gay had queried why Wife would seek an interest in one asset held in Husband’s name alone, while at the

NBCP Urban Renewal Partnership v. City of Newark

17 N.J. Tax 59 · New Jersey Tax Court · Sep 30, 1997

Eventually, following a reformatting of the report and an upward adjustment for developer’s fees, a total project cost was established of $18,061,230 (which would result in an annual service charge of approximately $361,000 … Changes in the law subsequent to the execution of a contract are not binding on the parties unless the language of the agreement clearly indicates that the parties intended otherwise.

Poulos v. Poulos

2016 NCBC 71 · North Carolina Business Court · Sep 26, 2016

The moving party bears “the burden of clearly establishing lack of a triable issue” to the trial court and may meet this burden by “proving an essential element of the opposing party’s claim does not exist, cannot be proven … Defendant argues that Plaintiff does not qualify as a “present creditor” under the statute because she has alleged that “she became a creditor of Dr.

Ciba Speciality Chemicals Corp v. Township of Dover

New Jersey Tax Court · Aug 4, 2017

Borough of Fort Lee, 7 N.J Tax 320, 335 (Tax 1985)(The “circumstances concerning the variance application clearly suggest the existence of a reasonable probability that the request would be granted . . . .”). … After hearing the testimony and evaluating the credibility of the witness, the court will make a determination with respect to whether he is qualified to offer the opinion contained in his report and addendum.

St. Mary Star of the Sea Catholic Church, Astoria v. Clatsop County Assessor

Oregon Tax Court · May 6, 2015

ANALYSIS The issue in this case is whether the subject property, a church rectory, qualifies for exemption under ORS 307.140. A. … However, in that case, the facts were clearly distinguishable. There, “[t]he main living room [wa]s used for meetings and for counseling individuals and families an average of three to four times a week.

Alexander J. v. State of New York

2024 NY Slip Op 50835(U) · New York Court of Claims · Jun 12, 2024

Williams, the State argues that it was clearly not acting in loco parentis and cannot be liable for those acts, which allegations should be severed and dismissed. … Applying these principles to the matter at bar, the State has not sufficiently established an entitlement to a summary judgment dismissal of the Claim.

Alexander J. v. State of New York

2024 NY Slip Op 50835(U) · New York Court of Claims · Jun 12, 2024

Williams, the State argues that it was clearly not acting in loco parentis and cannot be liable for those acts, which allegations should be severed and dismissed. … Applying these principles to the matter at bar, the State has not sufficiently established an entitlement to a summary judgment dismissal of the Claim.

Sa v. Director

26 N.J. Tax 377 · New Jersey Tax Court · Jun 29, 2012

While the policy and purpose behind enacting I.R.C. § 104(a)(1) and N.J.S.A. 54A:6-6(a) are not clearly articulated or specified, 15 the New Jersey GIT exclusion for worker’s compensation payments is necessarily narrower … Sa would alternatively qualify for exclusion under that sub-section.

I-78 Logistics Park Lopatcong Urban Renewal, LLC v. Lopatcong Township

New Jersey Tax Court · Jul 23, 2021

In exchange for qualifying redevelopment and rehabilitation projects, the LTTEL affords municipalities the ability to grant local property tax exemptions to private entities. … Moreover, the First Amended Financial Agreement clearly delineates that the subject property’s land tax assessment is not based on the financial agreement, but rather will be determined by the assessor.

Kapur v. Imw Emr, LLC

2020 NCBC 92 · North Carolina Business Court · Dec 18, 2020

While “[i]t is a well established principle that an express contract precludes an implied contract with reference to the same matter[,]” Vetco Concrete Co. v. … Those with a legitimate business interest “enjoy qualified immunity from liability for inducing their corporation or other entity to breach its contract with an employee.” Barker v. Kimberly-Clark Corp., 136 N.C.

In re Precision Tube Co.

2 Pa. D. & C.3d 1 · Pennsylvania Environmental Hearing Board · Aug 29, 1975

Johnson of DÉR, a qualified expert in the field of hydraulics performed a hydraulic analysis of the project area which included the Reading Railroad culvert. … Anthony, supra, appellant was able to establish the belated date of written notice receipt and his appeal was allowed as timely filed. .

Life With Joy, Inc. v. Township of Green/Township of Green v. Life With Joy, Inc.

New Jersey Tax Court · Mar 25, 2022

The Use Test Courts have established that the use test does not impose a quantum of use. … The profit making activity in Greenwood is also clearly distinguishable from the present facts. Greenwood Cemetery Ass’n, 1 N.J. Tax at 414.

Sullivan v. Northwest Florida Water Management District

27 Fla. Supp. 2d 132 · State of Florida Division of Administrative Hearings · Aug 31, 1987

On this point, the District Court’s decision establishes the law of the case. … Outstanding Florida Water NWFWMD argues that the Dead Lakes do not qualify as an Outstanding Florida Water.

O'Neill v. Multnomah County Assessor

Oregon Tax Court · Mar 13, 2012

In order for this court to find that Defendant abused its discretion, there must be evidence that Defendant “acted capriciously or arrived at a conclusion which was clearly wrong.” Eyler v. … DECISION TC-MD 110957D 3 or tax collector notify a taxpayer that the deadline to qualify for the three percent discount has passed

People v. Almonte

106 N.Y.S.3d 277 · Court for the Trial of Impeachments and Correction of Errors · Jun 27, 2019

These were strange omissions given that he knew defendant and codefendant for years, had attended school with them, and had clearly recognized them when he stepped out of his apartment. … The record establishes that counsel's arguments focused on whether the facts established the application of the existing rule to defendant's case, not that the rule should be abolished or disavowed because it is unworkable

Hays v. Dept. of Rev.

Oregon Tax Court · Jan 9, 2017

Plaintiff’s only other discernable argument is that he is “clearly not the specific ‘person’ who is plainly and clearly made liable by the written statutes of Title 26 United States Code for the payment of the federal personal … Nothing in the documents presented to the court indicates that he qualified for deductions sufficient to reduce his gross income by more than $35,000.

Matter of Williams

701 A.2d 825 · Court on the Judiciary of Delaware. · Oct 8, 1997

We find that the evidence shows clearly and convincingly that Judge Williams deliberately parked in violation zones, that he delayed (in some cases for almost three years) the payment of tickets, and that he allowed his tickets … XV, § 5 (providing officers to hold office until successors qualify). 5 . See 71 Del.Laws 176 (1997), discussed infra at pp. 834-835. 6 . The power to remove includes the power to suspend.

Barnett v. Bp Prods. N. Am., Inc..

2006 NCBC 9 · North Carolina Business Court · Jun 30, 2006

These statements are constitutionally protected “petitioning activity” shielded from civil liability by the First Amendment right to petition to government and the so-called Noerr-Pennington immunity doctrine. … Trials 1 § 103. [9] In the report, GMA noted that its opinions as to the likelihood that the Ballard Site is the source of the Broad Creek contamination needed to be “better qualified and quantified.”

Jersey City Two, LLC v. Jersey City

New Jersey Tax Court · May 9, 2023

As established above, both SEED Corp. and Plaintiff were separately established entities prior to their enacting the 2010 Operating Agreement. … Due to this, Plaintiff posits that it qualifies for tax exemption as a real estate holding company established for the purpose of holding title to the Subject Properties under N.J.S.A. 54:4-3.6.

Payne v. Ohio Dept. of Rehab. & Corr.

2017 Ohio 7155 · Ohio Court of Claims · Jul 17, 2017

“Where complicated medical problems are at issue, testimony from a qualified expert is necessary to establish a proximate causal relationship between the incident and the injury.” Tunks v. Chrysler Group LLC, 6th Dist. … Whether or not plaintiff acknowledges having any pre-existing back pain, it was clearly shown that low back pain is associated with degenerative disc disease, and Dr.