Case law

Vena v. Borough of North Haledon.

New Jersey Tax Court · Jun 5, 2017

While granting certain concessions to municipalities which took some action under the Third Round Rules, the housing plans of such 10 municipalities were not immune from … herein, this subchapter shall apply to all restricted units described in the foregoing sentence, regardless of the date on which the units were created; provided, however, that the rules do not apply to units qualifying

Buckley LLP v. Series 1 of Oxford Ins. Co. Nc LLC

2020 NCBC 81 · North Carolina Business Court · Nov 9, 2020

,’ is not a privilege, but a ‘qualified immunity.’ ” Evans, 142 N.C. … As is the case with attorney-client privilege, “[t]he party asserting work product protection bears the burden of proof of establishing entitlement to it.” Suggs v.

Vess v. Universal Bedroom Furniture

North Carolina Industrial Commission · Jan 8, 2003

Bell, therefore, thought that plaintiff qualified for a right temporal lobectomy as an effort to control her seizures. Dr. … The greater weight of the competent evidence fails to establish that plaintiff's seizure condition is related to her compensable back injury. 3.

In the Interest of Greene

909 A.2d 988 · Delaware Family Court · Sep 21, 2006

(b) The Court shall not presume that a parent, because of his or her sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child’s primary residential parent, nor shall … Johnson could not say that the children would be scarred by visitation with their mother, the children clearly indicated appropriate reasons for not wanting to have contact with their mother.

Bradfute v. Dept. of Rev.

Oregon Tax Court · Feb 27, 2020

Plaintiff worked in the Portland area 100 percent of the time for DECISION TC-MD 180370G 4 of 10 seven years before the year at issue; clearly, … Work that is indefinite or indeterminate does not qualify for the exception to the general rule against deducting commuting expenses. Peurifoy v.

Stanley Miller Constr. Co. v. State

2010 Ohio 1488 · Ohio Court of Claims · Mar 1, 2010

By Reot’s own admission, his prior experience with construction scheduling does not qualify him as an expert in the critical path method (CPM). … The evidence establishes that this letter was in reference to Way’s interference.

111 on 11 Realty Corp. v. Norton

189 Misc. 2d 389 · Civil Court of the City of New York · Sep 20, 2001

The trial of this matter elicited testimony that clearly demonstrates to this court that the prior landlord, Meyer Teitelbaum, rented the premises to William Norton with the understanding, knowledge and consent that Mr. … Similarly, the failure to allege the rent regulation status of the building where the building qualifies for such status compels the dismissal of the proceeding.

Jeffrey Lockhart v. Progressive Northern Insurance Company

Delaware Court of Common Pleas · Mar 19, 2018

Your unmarried dependent children temporarily away from home will qualify as a relative if they intend to continue to reside in your household. 16. … The Court previously concluded, and now reiterates, that the statutory and policy language at issue clearly and unambiguously preclude Plaintiff from recovering . . . .

Question Submitted by: The Honorable Ryan Martinez, Oklahoma House of Representatives, District 39

2023 OK AG 4 · Oklahoma Attorney General Reports · Apr 13, 2023

Code § 260:115-5-19(b). 8 OMES has promulgated administrative rules to establish an audit team that conducts audits of agency acquisitions and promulgated administrative rules to govern the audits. Okla. Admin. … Poor Persons Cite Name Level 56 O.S. 4001.2, State Treasurer to Facilitate Access to a Qualified ABLE Program - Duties Upon Selection of Options Cited Title 57.

In re Horowitz

40 Misc. 3d 719 · New York Surrogate's Court · Mar 12, 2013

Lastly, petitioners claim that the decedent clearly knew how to express his intention when he desired, as shown by the language in his will regarding the bequest for his daughter, Bernice Lieberman. … No other legacy is so qualified. The provision will not be rejected as surplusage where a reasonable interpretation will give it effect. There is no doubt that the testator had this debt in mind when he drew his will.

Southern Surety Co. v. Nalle & Co.

242 S.W. 197 · Texas Commission of Appeals · Jun 12, 1922

Hood, and Southern Surety Company for the indebtedness established by each as hereinafter shown. The Southern Surety Company alone "appealed. … But an act done by an agent cannot be varied, qualified, or explained, either by bis declarations, which amount to no more than a mere narrative of a past occurrence, or by an isolated conversation held, or an isolated act

Barefoot v. Barefoot

2022 NCBC 5 · North Carolina Business Court · Feb 2, 2022

The plaintiff bears the burden of establishing subject matter jurisdiction. See Harper v. City of Asheville, 160 N.C. App. 209, 217 (2003). … But this trustee appointment does not make Quint Brett’s fiduciary as to all matters, including with respect to their roles as minority members of R&S, and therefore does not qualify as a “special duty” that would provide

Michelle G. Darcey v. Director, Division of Taxation

New Jersey Tax Court · Jun 21, 2019

To the extent that plaintiffs seek to establish a deduction from taxable gross income, they have the burden of establishing a clear statutory basis therefor. … Specifically the Plan by its terms is a non-qualified deferred compensation plan intended to comply with the provisions of Internal Revenue Code 409A.

Health Net, Inc. v. Dept. of Rev.

22 Or. Tax 128 · Oregon Tax Court · Sep 9, 2015

FACTS The relevant facts have been established through stipulation, including stipulated exhibits. For the years at issue, those facts are as follows. … (3) The ICPC has terms that are much more clearly contractual than those in the Compact. Consideration is also clearly present in the form of a requirement of two years advance notice before withdrawal.

Estate of Edith Chernowitz v. Director, Division of Taxation

New Jersey Tax Court · Nov 26, 2018

The law sets up a presumption that transfers made within three years of death are in contemplation of death if certain elements to establish the presumption are satisfied. … Such action indicates an intent to preserve the decedent’s assets and estate for the heirs and clearly constitutes a testamentary disposition.

Chesterfield Associates v. Edison Township

13 N.J. Tax 195 · New Jersey Tax Court · Apr 26, 1993

Nonetheless, Edison’s position was that the income approach was clearly an inappropriate means of estimating the value of each of the 95 townhouses. … It has become well established that there is no single authoritative approach to the valuation of real property. Much depends on the character of the property and the market data available.

Solix Inc. v. Director, Division of Taxation

New Jersey Tax Court · Apr 12, 2024

NECA also administered another federal subsidy program called E-Rate, which was established by the FCC 4 these entities outsourced the operations of the subsidy programs … This is clearly untenable. Second, Solix did request an adjustment to its allocation factor via its second amended returns. Taxation denied 18 the request.

Serenity Lane v. Lane County Assessor

Oregon Tax Court · Mar 7, 2012

An organization that is established primarily for the benefit of its members, is not a qualifying charity.” … At best, the survey establishes the price difference between Serenity and other treatment centers.

Spyglass Court of Oregon LTD. v. Lincoln County Assessor

Oregon Tax Court · Dec 3, 2013

The Department’s conference officer found that the subject property “is a low income housing apartment qualifying under the Internal Revenue Code Section 42 rural development 515.” (Ptf’s Am Compl at 4.) … The Oregon Supreme Court has stated: “Not always clearly stated, but clearly implied in our decisions, is the rationale that an amended pleading should be permitted to relate back if the defendant is

Whitree v. State

56 Misc. 2d 693 · New York Court of Claims · May 14, 1968

Stanley (17 N Y 2d 256 [1966]) that the constitutional right to representation in habeas corpus proceedings was established. (See People ex rel. Simpkins v. Director of Pilgrim State Hosp., 22 A D 2d 699. Cf. … The record clearly discloses that this is what it was not. (See, also, People ex rel. Brown v. Johnston, 9 N Y 2d 482, 485.)