Case law

Ludders v. Board of Supervisors

83 Pa. D. & C.4th 137 · Pennsylvania Court of Common Pleas, Lackawanna County · Mar 1, 2007

See also, Cossell v. Connellsville Township Board of Supervisors, 779 A.2d 611 (Pa. … See generally, Atticks v. Lancaster Township Zoning Hearing Board, 915 A.2d 713 , 2006 WL 3913368 (Pa. Commw. 2007).

Kingsport Press, Inc. v. Board of Education

50 Misc. 2d 428 · New York Supreme Court · May 23, 1966

It appears that the Board of Education at the urging of the movant adopted a resolution, which states: “resolved, that the Board of Education of New York City go on record as being opposed to the purchase of any books produced … The issue in the article 78 proceeding is whether the Board of Education may legally adopt the resolution quoted above under the circumstances considered by it at the time.

People ex rel. Hasbrouck v. Board of Supervisors

21 How. Pr. 322 · New York Supreme Court · Jun 15, 1861

It might be said that in this case the board did not audit the account and reject items in it, but refused *328 to audit it because a requisition had not previously been made upon the board. … Motion for mandamus, directing the board to audit the account, granted.

People ex rel. Steinson v. Board of Education

15 N.Y.S. 308 · New York Supreme Court · Jun 26, 1891

People v. Board, 64 N. Y. 627 ; People v. Campbell, 72 N. Y. 496 . … People v. Hawkins, 46 N. Y. 9 ; Ex parte Lynch, 2 Hill, 45 ; Ex parte Fireman’s Ins. Co., 6 Hill, 243 ; Shipley v. Bank, 10 Johns. 484 ; People v.

Brown v. Mayor of New York

18 N.Y. Sup. Ct. 21 · New York Supreme Court · May 15, 1877

(Rooney v. Second Av. R. R. Co., 18 N. Y., 368 ; McGregor v. Comstock, 28 id., 231; 3 id., 211; Richardson v. R. R. Co., 7 Hun, 69 ; opinion of Davis, P. J., in Brown v. The Mayor, 9 Hun, 581 .) … (Rooney v. Second Av. R. R., 18 N. Y., 368 ; Sherwood v. Buffalo and W. Y. R. R. Co., 12 How., 136 ; Haight v. Holcomb, 16 id., 173 ; Pinder v. Morris, 3 Caines, 165 ; Bradt v. Koon, 4 Cow., 416 ; Howland v.

Clark v. Board of Supervisors

24 Va. Cir. 1 · Albemarle County Circuit Court · Apr 9, 1990

From the pleadings and evidence adduced, it is clear that the plaintiffs, unlike those in Johnson v. … The Court finds the case of McMinn v. Anderson, 189 Va. 289 (1949), applicable.

Thacker v. Zoning Appeals Board

41 Va. Cir. 136 · Virginia Beach County Circuit Court · Nov 5, 1996

The presumption on an appeal from the Board of Zoning Appeals, once certiorari has been granted, is with the BZA. … Town of Ashland v. Ashland Investment Co., 235 Va. 150, 155 (1988); see also Donovan v. Board of Zoning Appeals, 251 Va. 271, 274 (1996).

Sardinia v. Board of Trustees

22 Ct. Cl. 66 · West Virginia Court of Claims · Mar 10, 1998

Board of Directors of the State College System, (CC-96-25), unpublished opinion issued May 1, 1995, and Li vs. Board of Trustees, (CC-96-13), unpublished opinion issued October 25, 1996, and Dimmick vs. … Board of Trustees, (CC-94-520), unpublished opinion issued October 24, 1994.

Board of Cooperative Educational Services v. State

171 Misc. 2d 585 · New York Supreme Court · Nov 5, 1996

Board of Coop. Educ. Servs. v New York State Teachers’ Retirement Sys. (BOCES) was brought in Albany County, and assigned to this court from the outset. … There is a motion pending before this court seeking to consolidate BOCES with Matter of Bernstein v Board of Coop. Educ. Servs. (Bernstein) and Board of Educ. of *588 Haverstraw-Stony Point Cent.

Board of Supervisors v. Smith

17 Va. Cir. 147 · Fairfax County Circuit Court · Apr 19, 1989

Aside from the question of speculation involved in what might or might not be required of a zoning applicant, the dedication issue raised *148 by this exception is controlled by Board of Supervisors of James City County v … Long v. Shirley, 177 Va. 401, 415 (1941).

Town of Greenburgh v. Board of Supervisors

59 Misc. 2d 152 · New York Supreme Court · Mar 13, 1969

board. … Such a plan may be fully in accord with the Constitution (Reynolds v. Sims, supra, p. 579 ; Fortson v. Dorsey, 379 U. S. 433 ; Kilgarlin v. Hill, 386 U. S. 120 ), but that holding is accompanied by a caveat.

Dunning v. Board of Supervisors

4 Va. Cir. 213 · Chesterfield County Circuit Court · Sep 26, 1984

In Virginia, the decision of whether disqualification should occur is left to the discretion of the judge, Taylor v. Taylor, 185 Va. 126 , 37 S.E.2d 886 (1946), Stockton v. Commonwealth, 227 Va. 124, 141 (1984). … S. v. Miranne, 688 F.2d 980 (5th Cir. 1982). Under this approach, not all interests alleged by parties are sufficient to disqualify the judge.

Sterrett v. Board of Supervisors

24 Va. Cir. 140 · Loudoun County Circuit Court · May 31, 1991

While the instant case is distinguishable from the facts in National Association for the Advancement of Colored People, Inc., et al. v. … Thus, while the right to privacy claimed in NAACP v.

Board of Supervisors v. Garrett

1 Va. Cir. 379 · Richmond County Circuit Court · Oct 27, 1983

Board of Supervisors v. Hylton Enterprises, Inc. 216 Va. 582, 585 , 221 S.E.2d 534, 537 (1976). The power to make a declaratory judgment is discretionary. … Liberty Mutual Insurance Co. v. Bishop, 177 S.E.2d at 522 (1970).

Reyes v. Board of Trustees

48 Ill. Ct. Cl. 170 · Court of Claims of Illinois · Aug 22, 1995

That in the circuit court action, the Respondent, Board of Trustees, filed a motion to dismiss on the grounds that the circuit court lacked subject matter jurisdiction. … That this Court has previously ruled adversely to Claimants position on this same issue in Nikelly v. Board of Trustees of the University of Illinois (1993), 45 Ill. Ct. Cl. 336 . 7.

County of Broome v. Board of Education

65 Misc. 2d 418 · New York Supreme Court · Jan 19, 1971

(See Blazer v. Fi-Pen-Wen Realty Corp., 276 App. Div. 349 ; Matter of Williams, 179 Misc. 805 .) … Under the circumstances, formal approval of the board would be redundant. The cases cited by the defendant (Lutzken v. City of Rochester, 7 A D 2d 498; Albany Supply & Equip. Co. v.

Smith v. Board of Supervisors

22 Va. Cir. 82 · Culpeper County Circuit Court · Oct 18, 1990

Board of Supervisors v. Safeco, 226 Va. 329, 335 (1983); Fairfax County v. … See, Board of County Supervisors v. Sie-Gray Developers, Inc., 230 Va. 24, 29 (1985).

Whitney Industries, Inc. v. Board of Assessors

48 Misc. 2d 422 · New York Supreme Court · Dec 7, 1965

To justify their method of assessing “ shore line values ”, the Assessors point out that this method is recommended by the State Board of Equalization and Assessment. … Luther v. McDermott ( 265 N. Y. 47 ) wherein the court held this act to be constitutional.

Dettmar v. County Board of Zoning Appeals

28 Ohio Misc. 35 · Court of Common Pleas of Ohio, Hamilton County · May 10, 1971

We have considered the ease of Presnell v. Leslie, 165 N. Y. S. 2d 488, which reaches a contrary conclusion but prefer the logic of Skinner v. Zoning Board, 80 N. J. Super, 380, and Wright v. Vogt, 7 N. J. 1. … Accordingly we find the decision of the Board of Zoning Appeals, and that of the Hamilton County Building Inspector contrary to law. Judgment accordingly.

Merrick Holding Corp. v. Board of Assessors

76 Misc. 2d 754 · New York Supreme Court · Jan 15, 1974