Case law

Jersey Shore Medical Center v. Neptune Township

14 N.J. Tax 49 · New Jersey Tax Court · Apr 13, 1994

The financial arrangement between Overlook Hospital and Summit Parking did not establish a profit-making purpose. … It may be worth noting, however, that, if the coffee shop were deemed reasonably necessary for hospital purposes, it would clearly fail the third test.

Opinion No. (1985)

Oklahoma Attorney General Reports · Apr 9, 1985

Provided that, for the purposes of this section the term `public buildings' shall include, but not be limited to, a county rest home, which shall be defined as any home, establishment or institution owned and operated by … It should be noted, moreover, that it is a generally accepted principle of election law that an election cannot be held in the absence of legislation clearly authorizing the same. See, e.g., Grant and McNamee v.

Roman Catholic Archdiocese v. City of East Orange

17 N.J. Tax 298 · New Jersey Tax Court · May 27, 1998

Testimony at trial and security log books maintained at each church clearly show that, usually, no more than two persons were present at each Mass: the pastor and the security guard for the church. … religious use is established, does the religious organization need to establish a certain level, amount, or quantum of use to qualify for the exemption; (3) is the storage of religious artifacts and other church property

In re the Estate of Schinzing

2 Misc. 2d 661 · New York Surrogate's Court · Mar 19, 1956

Referring to said decision, it was stated in Matter of Barc ( 177 Misc. 578, 581 ): “ The result of this pronouncement by the ultimate appellate authority of the State clearly establishes the rule that in order to attain … Petitioner Holder, decedent’s sister, has not met her burden of showing abandonment and letters should issue to the widow upon her qualifying pursuant to law. The widow is directed to file a bond in the sum of $3,000.

In re the Estate of Williams

6 Mills Surr. 333 · New York Surrogate's Court · Jan 15, 1908

Y. 609 , the following question was certified to the Court of Appeals for an answer, to wit: “ Is an executor who has duly-qualified and received assets of his testator’s estate for which *335 he has never accounted, so far … The administrator in his answer has not shown a state of facts which if proved would establish the Statute of Limitations as a bar.

Day v. New York Central Railroad

51 N.Y. 583 · Commission of Appeals · Mar 15, 1873

Hence we must assume, for the purposes of the appeal, that the parol agreement, as testified to by the plaintiff) was established. … Clearly not. The very basis upon which the action rests forbids it. As said by Lord Mansfield, in Moses v.

B.P.U.M. Development & Urban Renewal Corp. v. City of Camden

9 N.J. Tax 490 · New Jersey Tax Court · Jan 29, 1988

The claimants have the burden of proof to establish qualification. Bloomfield v. Academy of Med. of N.J., 47 N.J. 358 , 221 A.2d 15 (1966); Princeton Univ. Press v. Princeton, 35 N.J. 209 , 172 A.2d 420 (1961). … Real estate assessments, which constitute the bulk of a municipality’s income are established as of October 1 of the pretax year. N.J.S.A. 54:4-23.

People v. Saltzman

126 Misc. 2d 686 · Criminal Court of the City of New York · May 31, 1984

Conrail being an instrumentality of the Federal Government is immune from local regulation and beyond the jurisdiction of the Buildings Department. … Their argument is structured as follows: Conrail was established by an Act of Congress ( 45 USC § 741 [a]).

Steinberg v. Carreras

74 Misc. 2d 32 · Civil Court of the City of New York · May 18, 1973

The evidence does clearly suggest a greater than normal incidence of breakdowns as well as erratic performance on other occasions. … The evidence does not establish a violation of section 7-103 of the General Obligations Law with regard to security deposits.

In re the Estate of George

61 Misc. 2d 749 · New York Surrogate's Court · Jan 14, 1970

Clearly, the best judge of whether his spouse was “ otherwise provided for ” was the testator himself. … A subsequent provision then defines the Family Trust as the balance after establishing the Marital Trust, the bequests in paragraphs (a) through (f), “ and after payment of taxes.”

White v. Department of Revenue

14 Or. Tax 319 · Oregon Tax Court · May 20, 1998

By that time, he had 10 years of active duty and wanted to serve 10 more so he would qualify for a pension and a number of other significant benefits. … Clearly Mr. White established a residence in Washington, D.C. However, the court must determine whether he formed an intent to abandon his old domicile and to acquire a new one. If Mr.

Opinion No. (1992)

Oklahoma Attorney General Reports · Aug 3, 1992

HIS REMOVAL FROM OFFICE OR FAILURE TO QUALIFY AS REQUIRED BY LAW. THIRD. WHENEVER ANY FINAL JUDGMENT SHALL BE OBTAINED AGAINST HIM FOR A BREACH OF HIS OFFICIAL BOND. FOURTH. … THE FOURTH EVENT LISTED ABOVE CLEARLY EXPRESSES THE REQUIREMENT THAT AN ELECTED OR APPOINTED OFFICIAL MUST BE A RESIDENT OF THE GOVERNMENTAL LOCALITY HE IS ELECTED OR APPOINTED TO SERVE.

Town of Vienna v. State

203 Misc. 1053 · New York Court of Claims · Feb 26, 1953

Claimant is a municipal corporation established under the Laws of the State of New York and located in the County of Oneida, New York. 2. … Such action would be clearly beyond their authority, illegal and void. (Burbank v. Fay, 65 N. Y. 57, 66, 67 .) II.

Bancroft v. Jameson

19 A.3d 730 · Delaware Family Court · Jul 15, 2010

Delaware’s recently enacted de facto parent amendment clearly presents the possibility of diminishing and diluting the constitutional rights of fit parents. … The Court has also pointed out some of the ambiguities between the new de facto parent amendment, which seems to envision the possibility of more than two parents, and other well established statutes and case law which clearly

In re Markow

32 Fla. Supp. 2d 85 · Dade County Property Appraisal Adjustment Board · Jan 18, 1989

The only exception to the rule that requires initial physical occupancy by the taxpayer on or before January 1 of the tax year in order to qualify for Homestead Exemption is where such actual occupancy has been established … If taxpayers do not qualify at that time, their lack of “fault” in failing to qualify is not relevant in proceedings before the Property Appraisal Adjustment Board to determine their purported entitlement to tax exemptions

In re the Estate of Frick

116 Misc. 488 · New York Surrogate's Court · Sep 15, 1921

He resided at various places in the state until 1879 when he established his home in Pittsburgh. In 1881 he was married there. … It is clearly apparent that Mr. Frick never abandoned his Pennsylvania domicile. Ordered accordingly.

Florida Ass'n of Nurse Anesthetists v. Department of Professional Regulation

21 Fla. Supp. 2d 239 · State of Florida Division of Administrative Hearings · Mar 14, 1986

Since general dentists without further training in anesthesia are not qualified to administer general anesthesia in their dental office, or treat resulting medical emergencies, they are also not qualified to supervise the … A party challenging the facial validity of rules must show that the agency’s interpretation of a statute it is charged with implementing is clearly erroneous or unauthorized.

Opinion No. (1985)

Oklahoma Attorney General Reports · Aug 5, 1985

The appointee shall be eligible to become a candidate at said special election, providing said appointee is otherwise qualified. The office to be filled shall be printed on the same ballot as other county offices.'' … There is no room for statutory construction where the intent and meaning of a statute are clearly expressed. Jackson v. Independent School Dist. No. 16 of Payne County , 648 P.2d 26 (Okla. 1982).

Society of New York Hospital v. Mogensen

65 Misc. 2d 515 · Civil Court of the City of New York · Feb 18, 1971

Under this provision, New York’s Medicaid plan would not qualify for Federal reimbursement if the recipient could be billed for medical services directly, and not according to his income or a reasonable apportionment thereof … The department’s obligation to pay the vendor under the facts herein is clearly established, in light of the records kept by the department.

In re the Estate of Israel

166 Misc. 156 · New York Surrogate's Court · Feb 7, 1938

The executors who were named in the will and who qualified were a sister of the decedent, a cousin, a relative of the latter and an attorney who had represented the testator in his lifetime. … They were sold shortly after they qualified. Apparently the funds produced were diverted to the payment of legacies.