Case law

Royal Food Distributors, Inc. v. Director, Division of Taxation

15 N.J. Tax 60 · New Jersey Tax Court · Jun 16, 1995

any one of the 15 items enumerated in the statute qualifies as a “litter-generating product.” … Clearly, they do. Plaintiffs argument does present an additional question.

Volvo Grp. N. Am. v. Roberts Truck Ctr., Ltd.

2020 NCBC 73 · North Carolina Business Court · Oct 14, 2020

Winner and Fink corresponded on multiple occasions regarding whether Roberts had met the sales quotas established by the Settlement Agreement.  28. … Winner reported Roberts’ Volvo sales as a total of 24 qualifying sales, only 8 of which were made within Roberts’ AOR but were qualified for other reasons. (4/4/2017 E- mail Chain.)

Gale Builders, Inc. v. Hunterdon County Board of Taxation

8 N.J. Tax 16 · New Jersey Tax Court · Nov 13, 1985

A. 54:4-23.1 et seq., qualifying farmland is assessed at a preferential value based on its agricultural and horticultural value, N.J.S.A. 54:4-23.2. … Franklin Tp., 107 N.J.Super. 218 , 258 A.2d 18 (App.Div.1969) *20 In the event a change of use occurs whereby a property previously assessed as qualified farmland is no longer used for agricultural or horticultural purposes

Bowles v. Bell

270 S.W. 1013 · Texas Commission of Appeals · Apr 15, 1925

The following findings, made by the trial •court and set out in the judgment, very clearly and succinctly state the material facts: “T. F. … Temple, sole executor herein, duly ■qualified as such June 10, 1920, and that thereafter, on July 9, 1920, the claim in controversy herein, duly verified, was presented to said ■executor for allowance, and was duly allowed

Opinion No. 76-256 (1976) Ag

Oklahoma Attorney General Reports · Jul 12, 1976

Said statutes established a "rational and relevant formula for uniformity of salaries and wages and of future increases and decreases thereof." … Since said superintendent is employed by the county commissioner he is qualified to receive eighty percent (80%) of the salary of the principal officer i.e. a county commissioner.

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.

cnc/access, Inc. v. Scruggs

2006 NCBC 20 · North Carolina Business Court · Nov 15, 2006

The term “quasi-judicial” is not clearly defined, but was addressed both in McDonald and in Angel v. Ward, 43 N.C. App. 288, 258 S.E.2d 788 (1979). … {78} Based on the foregoing, there are genuine issues of fact as to whether CNC/Access can meet its burden of establishing a qualified privilege.

Results, Inc. v. Secy. of State

52 Ohio Misc. 15 · Ohio Court of Claims · Jan 7, 1977

. * * *” Although the first two paragraphs of this quotation sound fairly sweeping, closer examination of the opinion reveals that immunity is not retained for every act relating to the regulation of business any more than … Hughes [1942], 378 Ill. 413, 422-423 ), and thus is not subject to the rule that statutes exercising the police power for the benefit of the general public establish no duty of care to any particular individual.

Young Fehlhaber Pile Co. v. State

177 Misc. 204 · New York Court of Claims · Sep 23, 1941

The State admits the facts, but claims immunity under the contract provision relating to the inspection of site and that “ he will make no claim against the State by reason of the estimates, tests or representations of any … It represented to the •bidder and successful contractor a clearly defined physical condition and must be bound by the consequences, however costly and unpleasant they may be.

Board of School Trustees of Young County v. Bullock Common School Dist. No. 12

55 S.W.2d 538 · Texas Commission of Appeals · Dec 22, 1932

. <10%) of the entire district the petition must be signed by a majority of the trustees of said district in addition to a majority of the qualified voters of the territory to be detached. … A careful examination of the provisions of the act, as an entirety, discloses quite clearly that the general subject-matter of the act is the providing of authority for the construction of common school districts in the state

Valley Bank of Nevada v. Bank of Commerce

74 Misc. 2d 195 · Civil Court of the City of New York · Apr 11, 1973

not qualify as a mistake of fact. (441ST. … The basic rule was clearly formulated long ago by the Court of Appeals in National Bank of Commerce in N. Y. v. National Mechanics Banking Assn. of N. Y. ( 55 N.

Kooshtard Property I, LLC v. Monroe County Assessor

38 N.E.3d 750 · Indiana Tax Court · Jul 2, 2015

The Indiana Board has abused its discretion when its final determination is clearly against the logic and effect of the facts and circumstances before it or when it misinterprets the law. … Based on its review of the administrative record, the Court concludes that Kooshtard has not established that the Indiana Board’s final determination was not supported by substantial evidence.

Girls Friendly Society v. Cape May City

26 N.J. Tax 549 · New Jersey Tax Court · Oct 26, 2012

The Municipality acknowledges that GFSPA itself qualifies as a nonprofit organization subject to exempt status pursuant to N.J.S.A. 54:4-36. … Direct proof of an individual’s mental or moral improvement is not necessary for an entity to qualify for an exemption. International Sch. Services, Inc. v.

Paulino v. Motor Vehicle Accident Indemnification Corp.

196 Misc. 2d 887 · Civil Court of the City of New York · Aug 11, 2003

However, while Dulce Paulino is clearly a “financially irresponsible motorist” as defined in Insurance Law § 5202 (j), as a resident of the state she fits within the definition of “qualified person.” … , or the identity of the operator, who was operating the motor vehicle without the owner’s consent, cannot be established * * Here, the petitioners allege that a person that identified herself as Maria Gonzalez gave a fictitious

In re the Accounting of Waton

205 Misc. 1109 · New York Surrogate's Court · May 6, 1954

premises and distribute the proceeds thereof sooner than five years from the day they qualify. … The rules of construction applicable to testator’s disposition of the real property are well established.

In re Nadler

173 Misc. 2d 1017 · New York Surrogate's Court · Sep 2, 1997

The custodianship in question was established by Bess Langsdorf in 1985 by purchasing a Metropolitan Transportation Authority Bond in her name as a UGMA custodian for her newborn grandson, Michael Langsdorf Nadler. … This decision constitutes the order of the court appointing petitioner successor custodian upon duly qualifying according to law.

Weitz v. State

182 Misc. 2d 320 · New York Court of Claims · Sep 15, 1999

“Clearly, there is a need to balance a tenant’s ability to recover for an injury caused by the landlord’s negligence against *328 a landlord’s ability to avoid liability when its conduct did not cause any injury. … Claimant has attempted to establish an unsecured entrance through various means.

Ritter v. State

204 Misc. 300 · New York Court of Claims · May 21, 1953

. *302 In any event, it is urged that the District Attorney was acting in a purely governmental capacity, which, it is contended, immunizes the State against liability. … (Italics added.) *303 That the District Attorney is an integral part of the judicial machinery of the State appears clearly from the history of the office (Matter of Lewis v. Carter, 220 N. Y. 8, 13 ).

Bargdill v. Ohio Dept. of Transp.

2009 Ohio 7058 · Ohio Court of Claims · Dec 11, 2009

Officer Parsons observed the pavement markings on the night of the accident and he testified that “[t]he lane lines were clearly visible at the time of the crash.” … Indeed, there is no similar nuisance exception to the state’s discretionary immunity.” Sobczak v. Ohio Dept. of Transportation, Ct. of Cl.

In re the Estate of Ladew

183 Misc. 1020 · New York Surrogate's Court · Nov 25, 1944

The concept established by Matter of Coutts (supra) and Leask v. … The order of this court which qualified the successor trustees correctly describes them as such.