Case law

Opinion No. (1990)

Oklahoma Attorney General Reports · Jan 16, 1990

The Committee is charged to establish and publicize an application process, to certify qualified organizations which make application, and to hear appeals of rejected organizations. 74 O.S. 7005 (B)(1-8) (1989). … establishes that any local charitable agency may benefit from the single state employee solicitation campaign conducted within the geographic area where it provides qualified services, if it will band together for such purposes

Opinion No. 76-378 (1977) Ag

Oklahoma Attorney General Reports · Jan 17, 1977

The subject question appears to inquire if this ruling is somewhat qualified, with regard to prior school years incidents or acts of misconduct, by the employment time frame which may be established pursuant to the statutorily … However, if such collateral evidence clearly tends to establish or refute material issues or facts in dispute, which issues concern present grounds for dismissal, such evidence may be considered. (R.

Superior Incinerator Co. v. Tompkins

59 S.W.2d 102 · Texas Commission of Appeals · Apr 19, 1933

It cannot claim exemption or immunity from liability arising out of its contracts on account of its municipal capacity.” … The action of the board of city commissioners in annulling all orders awarding the contract clearly constituted an abandonment of the improvement covered thereby.

Morgan v. Ohio State Univ. College of Dentistry

2013 Ohio 1513 · Ohio Court of Claims · Jan 18, 2013

Holloway’s Immunity {¶ 24} During the course of the trial, Plaintiff advised the court that he did not believe Dr. Julie Holloway was entitled to immunity pursuant to R.C. 2943.02(F) and 9.86. … Plaintiff clearly has the ability at this time to go forward with whatever subsequent treatment he would choose.

Ast v. State

123 Misc. 2d 200 · New York Court of Claims · Feb 17, 1984

The doctrine of limited immunity for such acts espoused by Weiss v Fote ( 7 NY2d 579 ) has no application here. … Therefore, the qualified immunity afforded by section 1104 of the Vehicle and Traffic Law need not be addressed. .

In re the Estate of Christie

167 Misc. 484 · New York Surrogate's Court · Apr 29, 1938

The situation to which this portion of the section refers is clearly indicated in Ward v. New York Life Ins. Co. ( 225 N. … The record clearly demonstrates that she was guilty of gross overstatement, if not, indeed, of deliberate perjury.

People ex rel. Hart v. Phillips

1 Denio 388 · Court for the Trial of Impeachments and Correction of Errors · Jul 15, 1845

Upon this issue the people hold the affirmative, and they are not entitled to judgment upon it unless the election of Hart is fully established. … This does not clearly appear by the stipulation, as convenience, at least, requires that it should.

In re the Estate of Singer

2 Misc. 3d 665 · New York Surrogate's Court · Dec 19, 2003

Indeed an American living abroad, let alone in a sister state, is qualified to act (SCPA 707). … Clearly none of the reasons advanced by the draftsman to disqualify decedent’s children from serving as fiduciaries has any merit whatsoever. *668 Based on the foregoing, and at least for purposes of a determination of the

Dowd v. Howell Township

15 N.J. Tax 82 · New Jersey Tax Court · Jun 16, 1995

Plaintiff maintains that a pending bill to amend the Farmland Assessment Act establishes that grazing is currently a qualifying agricultural use and that grazing and boarding horses differ. *87 Assembly Bill 2520 (1995) and … Quite clearly, the Legislature has recognized that fees for breeding, boarding, and grazing horses cannot, under current law, be considered in determining the $500 minimum income requirement.

Kasper v. Roberts

119 Misc. 2d 829 · Civil Court of the City of New York · Jun 7, 1983

POSTTRIAL — CONTENTIONS OF THE PARTIES In seeking to establish Roberts’ personal liability plaintiff contends: (1) that Roberts’ personal check, supported by other facts and circumstances, created a new contractual duty ( … A conditional or qualified discharge is not sufficient.

Crist v. Morgan

245 S.W. 659 · Texas Commission of Appeals · Dec 6, 1922

The court held: “Unless qualified and limited by some other provision or language of the instrument, the words quoted above vested in Amos B. … In pursuing this latter inquiry, resort may be had to certain well-established principles of construction.”

Osolo Township v. Elkhart Maple Lane Associates L.P.

789 N.E.2d 109 · Indiana Tax Court · May 30, 2003

will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of dis-eretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Even though the wooded areas clearly contribute to the appeal of the buildings, this fact alone does not render the land necessary support land....

Girardet v. Department of Revenue

13 Or. Tax 44 · Oregon Tax Court · Feb 9, 1994

While some of the unconditional uses are clearly nonfarm uses, such as churches and schools, others are typically considered a farm use. ORS 215.213(f). … The court finds that the subject land qualifies for farm use. The building on the land qualifies as “a winery, as described in ORS 215.452.” ORS 215.213(1)(t). In Craven v.

Carmen Gonzalez M. v. Malcolm E.

114 Misc. 2d 800 · New York Family Court · Nov 30, 1981

If the alleged father is financially unable to pay for the costs of a test, the court may direct any qualified public health officer to conduct such test, if practicable; otherwise, the court may direct payment from its own … The instant case is clearly distinguishable from Matter of Margaret B. v Gilbert W.

Opinion No. 71-104 (1971) Ag

Oklahoma Attorney General Reports · Jan 20, 1971

Clearly contemplates that the position to which a person has been duly elected is vacated by the previous Board member as of the date of the election and the taking of the oath of office. … Article XIII , Section 1 of the Oklahoma Constitution vests plenary power in the Legislature to establish and maintain a system of education.

Secondary School Admissions Test Board, Inc. v. Princeton Borough

13 N.J. Tax 467 · New Jersey Tax Court · Dec 20, 1993

With respect to the first reason, as the exemption provision clearly recites, the exemption claimant must establish that it is organized exclusively for the moral and mental improvement of men, women and children. … This reference however, is not proof nor, if it were proof, would it establish qualifying use.

Rabren v. Board of Pilot Commissioners

10 Fla. Supp. 2d 140 · State of Florida Division of Administrative Hearings · Jan 11, 1985

If the proposed rule becomes effective, none of these Petitioners will be qualified to sit for the state pilot licensing examination. 8. … Prior to the promulgation of Proposed Rule 21SS-5.125, Rule 21SS-5.11 established qualifications of applicants for certification as deputy pilots and Section 21SS-5.12 established qualifications for applicants for licensure

Davis v. Department of Revenue

9 Or. Tax 465 · Oregon Tax Court · Aug 9, 1984

ORS 314.407, establishing the time of assessment of income taxes, uses the term “due date of the return” in subsection (1) and in subsection (2)(c) and qualifies it as follows: “[T]he due date of the return (determined with … The evidence does not support a finding that a different meaning is clearly required in construing ORS 316.192.

In re Jermaine H.

26 Misc. 3d 891 · New York Family Court · Nov 25, 2009

Clearly, DHS had investigated this home, and determined it an appropriate placement for Jermaine. The caseworker herself took the child to Ms. K., and the child has remained there ever since. … regulations referenced in Family Court Act § 1017 (2) (a) (iii) above are in Official Compilation of Codes, Rules and Regulations of the State of New York, title 18, chapter II, subchapter C, article 3, part 443, which establishes

In re the Estate of Romita

134 Misc. 2d 410 · New York Surrogate's Court · Dec 19, 1986

The trusts in this proceeding must be qualified subchapter S trusts as defined in section 1361 (d) of the Code (26 USC). … In this case, the agreements clearly enunciate an intent that the trust fund under each agreement be divided into and administered as separate trusts for each of the respective named beneficiaries, with each beneficiary being