Case law

School Board v. Opportunity Educational Institution

88 Va. Cir. 317 · Norfolk County Circuit Court · Jun 10, 2014

Scott v. Commonwealth, 347 Va. 379 , 386 (1974). … Russell County School Board v. Anderson, 238 Va. 372, 383 (1989).

Tolbert v. Board of Supervisors

2 Va. Cir. 21 · Nelson County Circuit Court · May 27, 1980

However, if the Board has applied erroneous principles of law and violated the purpose and intent of the zoning ordinance, the decision must be overturned. See Board of Zoning Appeals v. … See Section 15.1-493, Code of Virginia; Board of Supervisors v. Horne, 216 Va. 113 (1975). In addition, there is an overriding constitutional due process issue involved.

Heath v. Board of Zoning Appeals

92 Va. Cir. 479 · Smyth County Circuit Court · Jun 4, 2014

Board of Supervisors v. Board of Zoning Appeals, 271 Va. 336, 348-49 , 626 S.E.2d 374 (2006). … v.

Board of Education v. American Bonding Co.

177 Misc. 341 · City of New York Municipal Court · Feb 28, 1941

At first blush Illinois Surety Co. v. Peeler ( 240 U. S. 214 ) would seem to be an authority opposed to the contentions of plaintiff in the instant case. … Comey v. United Surety Co., 217 N. Y. 268 .) *343 The defendant has moved for summary judgment under rule 113 of the Rules of Civil Practice. That motion is denied.

People ex rel. Sheldon v. Board of Appeals

115 Misc. 449 · New York Supreme Court · May 15, 1921

of chap. 503, Laws of 1916) have delegated to the board of appeals the right to vary the application of the use district regulations adopted by the board of estimate and apportionment. … I hold that the change permitted by the board of appeals is fundamental in character, that it goes beyond the limit of that board’s power, and that the board was, therefore, without jurisdiction. The writ is sustained.

Janney v. Rappahannock Area Community Services Board

14 Va. Cir. 249 · Fredericksburg County Circuit Court · Dec 28, 1988

The defendant, Rappahannock Community Services Board, apparently is sponsoring the home. The defendant, Rappahannock Community Services, Inc. … (RCS), a subsidiary of the Board, owns or is in the process of acquiring the property. Defendants Phillips and Sanford own or once owned the property.

Foti v. Board of Trustees

17 Va. Cir. 60 · Arlington County Circuit Court · Jan 10, 1989

Virginia Beach Beautification Commission v. Board of Zoning, 231 Va. 415, 417 (1986). The Retirement Board is not a board of the state government. … Taylor v. County Board, 189 Va. 472, 483 (1949). Due weight must be given by the trial court to the administrative proceedings. School Board of Campbell County v.

Kasckarow v. Board of Examiners of Sex Offenders

33 Misc. 3d 1028 · New York Supreme Court · Oct 25, 2011

Board of Examiners of Sex Offenders of State of NY, 8 NY3d 745, 752 [2007]). … There is no dispute that an article 78 proceeding is the appropriate means to obtain judicial review of the Board’s determination (see People v Reitano, 68 AD3d 954 [2009], lv denied 15 NY3d 708 [2010]).

Lawless v. Board of Supervisors

18 Va. Cir. 230 · Chesterfield County Circuit Court · Nov 1, 1989

Duggin v. Adams, 234 Va. 221, 223 (1987), citing Ames v. American National Bank, 163 Va. 137 (1934). … The Virginia Supreme *235 Court, in Board of Zoning Appeals of Fairfax County v. Cedar Knoll, Inc., 217 Va. 740 , 232 S.E.2d 767 (1977), considered the issue of who has the authority to revoke a conditional use permit.

Water Shop v. West Virginia Grievance Board

24 Ct. Cl. 124 · West Virginia Court of Claims · Apr 9, 2002

W. E. Brown, Inc. v. Pederson Construction & Tile Co.

20 Va. Cir. 280 · Charlottesville County Circuit Court · Jul 11, 1990

Mory Stores v. Skoog Const. Co., 38 Ill. … In Coakley & Williams, Inc. v.

Bean v. Board of Trustees

52 Ill. Ct. Cl. 182 · Court of Claims of Illinois · Dec 9, 1998

(Hoekstra v. State (1984), 38 Ill. Ct. Cl. 156, 159 .) … Serage v. Board of Trustees (1973), 28 Ill. Ct. Cl. 368, 371 ; White v. State (1984), 38 Ill. Ct. Cl. 1, 3 .

Village of Skaneateles v. Board of Education

180 Misc. 2d 591 · New York Supreme Court · Jun 25, 1999

Plaintiffs-petitioners assert that their challenge is timely, relying on Chase v Board of Educ. ( 188 AD2d 192 ). That action also involved renovations to a school building and the construction of a school bus garage. … Moreover, in the instant case the negative declaration cannot be viewed as a binding determination on the Department to issue a permit to support this proceeding” (Matter of Young v Board of Trustees, 221 AD2d 975, 977-978

People ex rel. Carleton v. Board of Assessors

52 How. Pr. 140 · New York Supreme Court · Jan 15, 1876

It was not necessary to entitle the applicant to a hearing that it should be conclusively shown in the first instance that an award must be made in his favor by the board of assessors. … If he should, the board has complete authority so to decide. Its duty is to hear the case as it may be presented.

People ex rel. Evans v. Board of Commissioners

60 How. Pr. 130 · New York Supreme Court · Aug 15, 1880

for discharging the relators from the public service, that the appropriation for the maintenance of the park department for the year 1876, being the year in which the relators were severally discharged, was reduced by the Board … of the cause of the proposed removal, and has been allowed an opportunity of making an explanation, and in every case of a removal the true ground thereof shall be forthwith entered upon the records of the department or board

Trinsey v. Montgomery County Board of Elections

31 Pa. D. & C.2d 397 · Pennsylvania Court of Common Pleas, Montgomery County · Feb 25, 1963

The petition shall be presented by the board of supervisors pursuant to a resolution of such board or by at least five per centum of the registered electors of the township. … It was aimed at laws that were in the proper sense local and special”: Haverford Township v. Siegle, 346 Pa. 1, 6 (1942).

Budney v. Niagara Falls Board of Education

38 Misc. 2d 825 · New York Supreme Court · Feb 20, 1963

(Matter of Stanton v. Board of Educ. of City of N. Y., 190 Misc. 1012 ; Matter of Marburg v. Cole, 286 N. Y. 202 .) In the Matter of Marburg v. … Thus in the absence of clear and convincing proof that the discretion of the Board of Regents has been exercised arbitrarily, unfairly or capriciously, the courts will not interfere. (Matter of Erlanger v.

People ex rel. Drake v. Sutton

34 N.Y.S. 487 · New York Supreme Court · Jun 14, 1895

BROWN, P. J. The relators are all veteran volunteer firemen of the city of Brooklyn, and prior to January 31, 1895, were clerks in the board of audit of that city, and on that day were discharged. … The case of People v. Groetting, 133 N. Y. 569 , 30 N.

Cress v. Board of Regents

15 Ct. Cl. 216 · West Virginia Court of Claims · Dec 17, 1984

Those letters (Claimant’s Exhibits 8 and 9) were written by and between the President of West Virginia Northern Community College and the Chancellor of the West Virginia Board of Regents. … Columbia Gas Transmission Corp. v. E. I. du Pont de Nemours & Co., 217 S.E.2d 919 (W.Va. 1975).

Hill v. Board of Regents

14 Ct. Cl. 283 · West Virginia Court of Claims · Dec 6, 1982

See Delassio v. Board of Regents, 12 Ct.Cl. 242 (1979). … Allen v. Board of Regents, 13 Ct.Cl. 321 (1980). 49 Am. Jur. 2d Landlord & Tenant, §881 (1970)..