Case law

Pompei v. Zoning Hearing Board

57 Pa. D. & C.2d 748 · Pennsylvania Court of Common Pleas, Delaware County · Jul 13, 1972

See also Gibson v. Zoning Board of Adjustment, 13 D. & C. 2d 203 (1957), 44 Del. 251 , requiring funeral processions to be supervised and directed as they enter a public road; Nicholson v. … See also Kern v. Board of Adjustment, 411 Pa. 581 , 192 A. 2d 345 (1963), in which the court struck down conditions imposed by a zoning board which would not “conform to the zoning ordinance.”

Peterson v. Board of Commissioners

55 Pa. D. & C.2d 733 · Pennsylvania Court of Common Pleas, Delaware County · Mar 22, 1971

Zoning laws are to be strictly construed and any fair, reasonable doubt as to the existence of power is resolved against its existence: Eves v. Zoning Board of Adjustment, 401 Pa. 211 , 164 A. 2d 7 (1960). … Harrisburg et al., 362 Pa. 438 , 68 A. 2d 182 ; Eves v. Zoning Board of Adjustment, supra; McQuillan, Municipal Corporations, vol. 8, sec. 25.71, p. 187.

Harris v. Board of Education

46 Misc. 3d 835 · New York Supreme Court · Dec 3, 2014

Board of Educ. of City School Dist. of City of N.Y., 17 AD3d 682, 683 [2d Dept 2005]). … Dist. v Hogan, 109 AD3d 817 , 817-818 [2d Dept 2013], citing Mobil Oil Indonesia v Asamera Oil [Indonesia], 43 NY2d 276, 281 [1977], and CSP Tech., Inc. v Hekal, 57 AD3d 372 [1st Dept 2008]; but see also Matter of Board of

Burke v. New York State Board

103 Misc. 2d 615 · New York Supreme Court · Mar 21, 1980

Calloway v Skinner ( 33 NY2d 23 ), People ex rel. Maggio v Casscles ( 28 NY2d 415 ), and People ex rel. Williamson v Kuhlmann ( 49 AD2d 46 ). None of these cases present fact situations comparable to the instant case. … Emanuel v Quinn ( 66 AD2d 905 ), not cited by respondent, the question presented was whether the amendment to subdivision 3 of section 70.30 should be applied to a minimum period of imprisonment fixed by the board of parole

Orrell v. Planning Board of Pound Ridge

66 Misc. 2d 843 · New York Supreme Court · Feb 17, 1971

The Town Board met informally on February 12, 1970, revised the plan and sent it back to the Planning Board. … Petitioners have argued that the issue of delegation of power which is raised in this proceeding was decided in 1961 in Matter of Hiscox v. Levine ( 31 Misc 2d 151 ).

Universal Beer Keg Co. v. Brown

9 N.Y. St. Rep. 91 · New York Supreme Court · May 13, 1887

In the case of Lawrence v. Fox ( 20 N. Y., 268 ), it was held that even though' the corporation was not a party to the agreement, it having been executed for its benefit, it had the right to maintain an action thereon. … Duffy v. O’Donovan, 46 N. Y., 228 .

Newberg v. Board of Public Education

26 Pa. D. & C.3d 682 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 28, 1983

Accord: Bowen v. General Motors Corp. AC Spark Plug Division, 542 F. Supp. 94, 100 (N.D. Ohio 1981) aff d 685 F. 2d 160 (6th Cir. 1982); Amos v. Board of School Directors of the City of Milwaukee, 408 F. … Kirchberg v.

Eichenbaum v. Loft Board

135 Misc. 2d 968 · New York Supreme Court · Jun 8, 1987

The owner did not file an answer but did appear at a conference held at the Loft Board on August 14, 1985. … The Loft Board decision had a rational basis and was neither arbitrary nor capricious.

Robbins v. Board of Commissioners

2 Ohio C.C. 23 · Ohio Circuit Courts · Nov 15, 1886

See State v. Hopkins, 10 Ohio St., 5 and 9. A vacancy within the meaning of section 1017, Rev. … To so interfere v ith him requires the act of another — the appointee. Judge James Gilmore, for plaintiff. Foos & Fisher, for defendants.

Horner v. Zoning Appeals Board

74 Va. Cir. 124 · Fairfax County Circuit Court · Sep 4, 2007

Compare, i.e., Patton v. City of Galax, 269 Va. 219, 226 (2005), and Town of Front Royal v. Media, 261 Va. 287, 293 (2001) (defining nonconforming use), with Tolman v. Board of Zoning Appeals, 46 Va. … Park v. Board of Zoning Appeals, 232 Va. 89 (1986).

Brown v. Broadway & Seventh Avenue Railroad

18 Jones & S. 106 · The Superior Court of New York City · Feb 4, 1884

Y. 191 ; Belton v. Baxter, 54 Id. 245 ; Hart v. Hudson R. B. Co., 84 Id. 56). So far I have referred to the case as presented by theplaintiff, on the testimony of the witnesses produced on his behalf. … The preponderance of proof seems to me to be clearly that defendants’ car was not driven at any unusual or dangerous rate of speed, and that no negligence causing the accident is attributable to them (Crocker v.

Wittenmeyer v. Board of Education

10 Ohio C.C. 119 · Ohio Circuit Courts · Jan 15, 1895

Y., Lough-ran v. Ross, there was a clause in the lease that the premises should be surrendered in good condition, natural wear and decay only excepted, at the expiration of the lease. In Watriss v. … The Michigan ease is that of Amelia Kerr, Administratrix v. Solomon. O.

Maik v. Massapequa Library Board of Trustees

46 Misc. 2d 159 · New York Supreme Court · Apr 6, 1965

York State Board of Regents for a charter (Education Law, § 261). … Matter of Negrone v. New York City Tr. Auth., 15 A D 2d 676; Matter of Ringgold v. New York City Tr. Auth., 286 App. Div. 806 ; Matter of Coyle v. New York City Tr. Auth., 283 App. Div. 1083 ).

Allen v. Cattaraugus County Board of Health

4 Misc. 3d 383 · New York Supreme Court · May 18, 2004

In fact, the only case to consider this claim rejected it (see NYC C.L.A.S.H., Inc. v City of New York, 315 F Supp 2d 461 [SD NY 2004]). Petitioner also claims that he was denied due process. … Clearly, the requirements of procedural due process, notice of the charges and an opportunity to be heard (see Matter of McCann v Scaduto, 71 NY2d 164 [1987]) were met.

People ex rel. Seymour v. Canal Board

7 Lans. 220 · New York Supreme Court · Jun 15, 1872

(Lawton v. Commissioners of Cambridge, 2 Caines R., 179, 182; Leroy v. Mayor, &c., of New York, 20 John., 430 .) … In The People v. The Board of Police (39 N. Y.

Farmers' & Mechanics' National Bank v. Brown

10 Jones & S. 522 · The Superior Court of New York City · Jun 25, 1877

Brown, 14 Q. B. 496; Dows v. National Exchange Bank, 91 U. S. 618 ; Turner v. Trustees of Liverpool Docks, 6 Excheq. 543). An early case is reported in 3 Camp. 92, Barrow v. … Their broker knew that it was “Milwaukee No. 2,” that it was then afloat on a canal boat, and had not then been delivered to any consignee (Dows v. Perrin, 15 N. Y. 325 ; Bank of Toledo v. Shaw, 61 Id. 283).

Folklane Hotel Associates v. Board of Assessors

170 Misc. 2d 712 · New York Supreme Court · Jan 10, 1996

.’ * * * Such disclosure allows the bankruptcy court and the creditors to determine whether the claims should be pursued on the creditors’ behalf’ (Dynamics Corp. v Marine Midland Bank-N. … Finally, the court notes that Dynamics Corp. v Marine Midland Bank-N. Y. ( 69 NY2d 191 , supra) was decided under the former Bankruptcy Act.

Brown v. Monroe County Tax Claim Bureau

13 Pa. D. & C.4th 599 · Pennsylvania Court of Common Pleas, Monroe County · Apr 24, 1992

Halpern v. Monroe County Tax Claim Bureau, 126 Pa. Commw. 35 , 558 A.2d 197 (1989). … Brown, Alston E. Vervoort and Thomas G.

City of Hudson v. Board of Education

158 Misc. 583 · New York Supreme Court · Mar 7, 1936

The rights of individuals dealing with municipal authorities was well settled in Moore v. Mayor ( 73 N. … (Louisville v. Cumberland Telephone Co., 224 U. S. 649, 662 .)

Slaughter v. Town Board

23 Misc. 2d 346 · New York Supreme Court · Mar 2, 1960

In Matter of Wright v. Ransom ( 282 App. Div. 953 , affd. 307 N. Y. 317 ) the direct issue was squarely passed on. … be annexed, the Town Board was required to consent to the annexation.