Case law

In re the Estate of Lewis

144 Misc. 2d 618 · New York Surrogate's Court · Jul 25, 1989

The trusts established by Mrs. … Thusly, although it appears the requested reformation alters the dispositive plan, as previously noted, the gift over language under the will is merely an emergency provision and the early age of vesting clearly establishes

Prosper Independent School Dist. v. County School Trustees

58 S.W.2d 5 · Texas Commission of Appeals · Mar 15, 1933

This contention necessarily presupposes that a school district, in its corporate capacity, has a vested right in respect of the territorial boundaries of the district as originally established. … The transfer of jurisdiction, which is involved in a transfer of a part of the territory of one district to another district, is clearly within the power of the Legislature.

Opinion No. (2006)

Oklahoma Attorney General Reports · Apr 14, 2006

a contract for sale although the writings of the parties do not otherwise establish a contract. … Such clauses thus essentially attempt to waive, by contract, the sovereign immunity of the State.

Davidson v. Carson

1 Wash. Terr. 307 · Washington Territory · Dec 15, 1870

That act declares “that there shall be established in each organized county in this Territory, a Board of County Commissioners, to consist of three qualified electors, to be elected by the qualified electors at the general … If Congress had intended to make a change in the term of the officers, we would expect to find that intent clearly stated in the act, and it nowhere appears there.

Opinion No. 77-235 (1977) Ag

Oklahoma Attorney General Reports · Sep 20, 1977

This Section provides for the required establishment of provisions relating to teacher evaluations. … However, a "teaching principal", clearly falling within the definition of an administrator, is not required by law to possess an administrator's certificate in order to be qualified to act as a teaching principal.

Inland Container Corp. v. State Board of Tax Commissioners

756 N.E.2d 1109 · Indiana Tax Court · Oct 1, 2001

Thus, the amended statute limited who could qualify for the deduction. … Article 10, § 1 does not provide immunity to legislative policy judgments from judicial oversight, "but rather establishes mandatory minimum requirements for our system of property assessment and taxation." Boehm v.

Berger v. New Hanover Cnty. Bd. of Comm'rs

2013 NCBC 45 · North Carolina Business Court · Sep 5, 2013

Plaintiff acknowledges that North Carolina case law clearly establishes that a witness may offer observations based on personal experience. (Pl.’s Supp. Br. 26.) … An elected official is not necessarily immune from the government’s power to respond simply because he was elected.

Opinion No. 70-137 (1970) Ag

Oklahoma Attorney General Reports · Apr 1, 1970

FIREMEN — RETIREMENT House Bill 1616, Thirty-Second Legislature, Second Session, applies to a fireman, otherwise qualified, who retires on February 21, 1970. … The language "during the last thirty (30) months of his service" clearly establishes that the end of the term of his service, or date of retirement, is the date from which the thirty (30) months is computed.

People v. Modica

187 Misc. 2d 635 · Criminal Court of the City of New York · Mar 30, 2001

CPL 100.40 merely requires that the elements of the offense be established. … Moreover, the DIR clearly shows that the complainant read the allegations and adopted them as her own.

DiScala v. Facilities Development Corp.

180 Misc. 2d 355 · Civil Court of the City of New York · Aug 31, 1998

The Staten Island Developmental Disabilities Services Office is established pursuant to Mental Hygiene Law § 13.17. … The lease prepared by the respondent specifically, by its terms, waives any claim of sovereign immunity.

Question Submitted by: Senator Mary B. Boren, Oklahoma State Senate, District 16

2024 OK AG 5 · Oklahoma Attorney General Reports · Feb 28, 2024

Executive Director of the ODOT ¶8 The position of Executive Director of ODOT clearly meets each element of the foregoing Century Indemnity test. First, the position, is expressly established by ODOT's enabling statutes. … OAC 731:10-1-5(7). ¶18 The position of Executive Director of OTA is thus clearly established by law and provides definite duties. Therefore, the first two elements of the Century Indemnity test are met.

Morgan Stanley & Co. v. Director, Division of Taxation

28 N.J. Tax 197 · New Jersey Tax Court · Oct 29, 2014

Clearly, the Legislature required something more than a valid non-tax business purpose and economic substance be demonstrated in order to qualify for the exception. … It is clearly not referenced as the determinative factor.

K. T. Transport, Inc. v. Department of Transportation

29 Fla. Supp. 2d 245 · State of Florida Division of Administrative Hearings · Feb 9, 1988

By experience, she is fully qualified to operate KTT as an independent business. 5. … Clearly, Mrs. McDougald qualifies as a woman to head a WBE.

Arledge v. Dept. of Adm. Servs.

2010 Ohio 5573 · Ohio Court of Claims · Jul 28, 2010

No evidence has been presented to establish that DAS supervised or in any way directed the employment duties of Roberts. {¶ 4} Defendant supplied a copy of the contract between DAS and Goodwill Columbus to provide … The evidence clearly establishes Goodwill Columbus exercised control over the entrance gate area and by contractual agreement accepted responsibility for property damage attributable to the negligence of its employee.

Lake County Property Tax Assessment Board of Appeals v. St. George Serbian Orthodox Church

905 N.E.2d 536 · Indiana Tax Court · May 7, 2009

George prima facie demonstrated that its cultural center qualified for the religious purposes exemption as provided in Indiana Code § 6-1.1-10-16. FACTS AND PROCEDURAL HISTORY St. … The Indiana Board determined that these documents prima facie established that the cultural center was used 63% of the time for a religious purpose. (Cert. Admin. R. at 134-35.)

Mercy Medical Center, Inc. v. Department of Revenue

12 Or. Tax 305 · Oregon Tax Court · Oct 21, 1992

Particularly was this true in relation to the establishment of hospitals, which, under frontier conditions, were greatly needed, and public policy encouraged their establishment by exempting their property from taxation where … they could, even in a slight degree, qualify as charitable institutions.

Bochkis v. Med. Justice Servs., Inc.

2016 NCBC 89 · North Carolina Business Court · Nov 23, 2016

Although the Court concludes that Defendant is not immune from civil liability under N.C. Gen. … As to the Motion to Strike, the Court concludes in its discretion that none of the allegations in the Complaint that Defendant seeks to have stricken are clearly irrelevant or improper.

Claim of Torres v. State

3 Misc. 2d 590 · New York Court of Claims · Apr 20, 1956

The State, however, has waived immunity from liability and consented to have its liability determined in accordance with the same rules of law as apply to actions in the Supreme Court against individuals or corporations, … It is difficult to see how the committee under these circumstances could formulate a claim with sufficient clarity to clearly establish the issues to be tried in this court.

Parmerter v. State

36 Misc. 3d 639 · New York Court of Claims · Mar 29, 2012

That arguable duty for maintenance and repair is not only significant in its own right, but also in assessing whether the qualified immunity that might otherwise have attached to the State’s initial highway design determinations … Further, claimants’ submissions fail to establish as a matter of law that discretionary immunity for the DOT’s initial design and reconstruction of the site would not attach, or that the State would continue to be responsible

Goodyear Aluminum Products, Inc. v. State

21 Misc. 2d 725 · New York Court of Claims · Mar 14, 1960

Because the quoted words are actionable per se, the State may be required to prove the truth of the imputation or to concede its falsity and establish the privileged character of the slander and libel. … Attorney-General were not in the nature of an official report, or, for the purpose of influencing action by a State officer or agency, or, with the object of improving the service of government, and, were not made to a person who was qualified