Case law

Stottlemeyer v. School Board

4 Va. Cir. 120 · Frederick County Circuit Court · Aug 11, 1983

Carroll v. Sneed, 211 Va. 640 (1971); Matthews v. Hicks, Adm’r., 197 Va. 112 (1955). … That phrase is to be given "a broad and liberal construction" as attested by cases as early as Matthews v. Warner, 70 Va. (29 Gratt.) 570 (1877), and as recently as Eisenhower v. Jeeter, Adm’x, 205 Va. 159 (1964).

School Board v. Hairfield

7 Va. Cir. 28 · Spotsylvania County Circuit Court · Aug 27, 1980

See Minner, et al. v. … The second ground for the demurrer is that the interest sought to be acquired interferes with a use for the purpose of which the School Board has already divested itself and that the School Board cannot be a proper party

Imperial Towers Condominium, Inc. v. Brown

38 Fla. Supp. 123 · Circuit Court of the 17th Judicial Circuit of Florida, Broward County · Apr 4, 1973

The Hendler case and Osceola Groves, Inc. v. … E.g., Green v. Wolf Corporation, 406 F.2d 291 (2 Cir. 1968); Herbst v. Able, 47 F.R.D. 11 (S.D. N.Y. 1969); Mersy v. First Republic Corporation of America, 43 F.R.D. 465 (S.D. N.Y. 1968); Fisher v.

Ramsdell v. Morgan

16 Wend. 574 · New York Supreme Court · Jan 15, 1837

Chapman v. Black, 2 Barn. & Ald. 588, and the "cases there cited. Lloyd v. Reach, 2 Conn. R. 175, S. P. … . & Malk. 141, or rather, he proceeded in silent disregard of Fitzroy v. Gwillim. When Tregoning v. Attenborough came to be decided, Lord C. J. Tindal said, “The case of Fitzroy v.

Fawcett v. Board of Liquor Control

67 Ohio Law. Abs. 53 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Apr 7, 1953

v. … Farrand v. State Medical Board, etc., 151 Oh St 222.

Le Sawyer v. Board of Elections

207 Misc. 12 · New York Supreme Court · Sep 8, 1954

Div. 145 ) particularly when the Board of Elections has accepted it for filing. (Matter of Kerns v. Whiting, 186 Misc. 656 , supra ; Matter of Zucker v. Heffernan, 300 N. Y. 456 ; see, also, Schwartz v. … Y. 104 ; Matter of Wicksel v. Cohen, 262 N. Y. 446 ; Matter of Bednarsh v. Cohen, 267 App. Div. 133 ; Matter of Waters v. Cohen, 248 App. Div. 830 , and Matter of Frankel v. Cheshire, 212 App. Div. 664 .)

Kilfeather v. Town Board of Hempstead

43 Misc. 2d 328 · New York Supreme Court · May 20, 1964

(Town of Islip v. Summers Coal & Lbr. Co., 257 N. Y. 167.) … parochial or private school; railway passenger station; municipal recreational use; agriculture or nursery, provided there is no display for commercial purposes or advertisement on the premises; and, if approved by the Board

O'Dell v. Ohio State Medical Board

22 Ohio Misc. 138 · Clermont County Court of Common Pleas · Feb 6, 1970

See Nesmith v. State, 101 Ohio St. 158 at page 160; Williams v. Scudder, 102 Ohio St. 305 ; also Meeker v. Scudder, 17 Ohio App. 210 . … Dickinson, v.

Shupe v. Warren County School Board

53 Va. Cir. 56 · Warren County Circuit Court · Mar 31, 2000

Supreme Court Rule 3:18; Carson v. LeBlanc, 245 Va. 135, 139 , 427 S.E.2d 189 (1993). In Metro Machine Corp. v. Mizenko, 244 Va. 78, 83 , 419 S.E.2d 632 (1992) (citing Gaudet v. … Brown v. *62 Lukhard, 229 Va. 316, 321 , 330 S.E.2d 84, 87 (1985). Effective means “actually in operation or in force.” Random House Unabridged Dictionary (2d ed. 1993).

Virgo v. Zoning Board of Appeals

28 Misc. 2d 886 · New York Supreme Court · Mar 15, 1961

On December 16, 1960, the Zoning Board of Appeals of the Town of Irondequoit denied a petition of the petitioner for a variance of zoning restrictions on prop *887 erty owned by him at 468 Titus Avenue, in said town, and … This requirement has been regarded as mandatory (see City Bank Farmers Trust Co. v. National Cuba Hotel Corp., 133 N. Y. S. 2d 8).

Smith v. Bennett

17 Wend. 479 · New York Supreme Court · Oct 15, 1837

The defect is not cured by the verdict (Addington v. Allen, 11 Wendell, 374 ). It is of course unnecessary to consider the other objection made on the argument. Motion granted.

Lambert v. State Board of Control

2 Ct. Cl. 198 · West Virginia Court of Claims · Oct 19, 1943

the automobile returned to his home, all of which together with the loss of the spare wheel and tire and the labor required in repairing the car entailed an expense of $171.74, for which claim is made against the state board … In Kuhns v. Fair decided October 20, 1942, by our State Court of Appeals (W. Va.) 22 S.

Shlakman v. Board of Higher Education

10 Misc. 2d 397 · New York Supreme Court · Aug 2, 1957

In a certiorari proceeding in Cohen v. Fields (88 N. Y. S. 2d 455) this court directed the clerk to tax costs in such proceeding pursuant to subdivision 2 of section 1508 of the Civil Practice Act. … It would appear that the petitioner’s remedy to have the amount fixed is in the Court of Appeals (Tormey v. La Guardia, N. Y. L. J., Dec. 13, 1938, p. 2112, col. 3; Eighth Annual Report of N. Y.

Kempe v. Board of Liquor Control

81 Ohio Law. Abs. 425 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Feb 27, 1957

HEARD ON APPEAL FROM ORDER OF BOARD OF LIQUOR CONTROL — AFFIRMED This is an appeal from the order of the Board of Liquor Control of May 22, 1956, under the terms of which appellant’s Class C-l and D-2 Permits were suspended … In accordance with the opinion of the Supreme Court in the case of Andrews v.

Fallon v. Board of Higher Education

14 Misc. 2d 9 · New York Supreme Court · Aug 26, 1958

(Matter of Turel v. Delaney, 287 N. Y. 15 ; Matter of Berger v. Walsh, 291 N. Y. 220 ; cf. Matter of Hamilton v. Monaghan, 285 App. … (Matter of Block v. Tead, 179 Misc. 554 .) The application must be denied and the petition dismissed. Submit order. (Motion for reargument, September 29, 1958.)

Central Management Co. v. Town Board

47 Misc. 2d 385 · New York Supreme Court · Mar 23, 1965

of Lemir Realty Corp. v. … (Matter of Larkin Co. v. Schwab, 242 N. Y. 330, 335 ; Matter of Bar Harbour Shopping Center v. Andrews, 23 Misc 2d 894, 899, 900 .)

Evans v. Public Employment Relations Board

113 Misc. 2d 986 · New York Supreme Court · May 13, 1982

Simply stated, unless the board’s determination was ‘affected by an error of law’ or was ‘arbitrary and capricious or an abuse of discretion’, we will not interfere” ( 48 NY2d, at p 404 ). … (Matter of City of Albany v Helsby, 48 AD2d 998, 999 .)

Lent v. Town Board of Hempstead

8 Misc. 2d 184 · New York Supreme Court · Aug 26, 1957

O’Connor v. Board of Supervisors of Queens County, 153 N. Y. 370 ; Matter of Village of Hewlett Harbor v. County of Nassau, 272 App. Div. 1065 .) … (Strauch v. Town of Oyster Bay, 263 App. Div. 833 ; see, also, McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 397.)

Board of Higher Education v. Cole

176 Misc. 297 · New York Supreme Court · Apr 28, 1941

(Bullock v. Cooley, 225 N. Y. 566, 577 . See, also, People ex rel. Board of Education v. Finley, 211 id. 51, 57.) In Barringer v. Powell ( 230 N. … (See, also, Welker v. Lathrop, 210 N. Y. 434 , and People ex rel. Peixotto v. Board of Education of the City of New .York, 212 id. 463 .)

Foland v. Zoning Board of Appeals

26 Misc. 2d 1093 · New York Supreme Court · Aug 27, 1960

There was no adequate proof before the Zoning Board of Appeals to warrant a variance under the rules laid down in Matter of Otto v. Steinhilber ( 282 N. Y. 71 ), as reiterated in Matter of Crossroads Recreation v. … The issuance of a special exception permit is a duty imposed upon a Board of Appeals provided, of course, that the proposed use meets with all the standards provided in the ordinance (see Matter of Syosset Holding Corp. v