Case law

Weintraub v. Board of Liquor Control

68 Ohio Law. Abs. 350 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Aug 3, 1953

Hughes v. Roberts, 18 Abs 438, 439 . Sole office of such application is to direct court’s attention to matters of fact or law that have not been given attention; not to merely rehash same matters. White v. … “In effectuating the enforcement of the Liquor Control Act the Legislature, as we say in Board of Liquor Control v, Tancer, 48 Abs 63 , has by §6064-8 GC reposed in the Board of Liquor Control the power to grant or refuse

Podolak v. Tobyhanna Township Board of Supervisors

44 Pa. D. & C.5th 487 · Pennsylvania Court of Common Pleas, Monroe County · Nov 7, 2014

Thompson Coal Co. v. Pike Coal Co., 412 A.2d 466, 468-69 (Pa. 1979). … Phaff v. Gerner, 303 A.2d 826 (Pa. 1973). The court may also accept as true all well-pled facts contained in the non-moving party’s pleadings. Mattia v. Employment Mut. Cos., 440 A.2d 616 (Pa. Super. 1982); Ritmanich v.

Petka v. Virginia Board of Dentistry

74 Va. Cir. 531 · Loudoun County Circuit Court · Jun 30, 2006

McMunn v. Tatum, 237 Va. 558, 563 (1989) (citing Virginia Real Estate Comm’n v. Bias, 226 Va. 264, 270 (1983)). … Comm’n v. York St. Inn, 220 Va. 310, 315-16 (1979). Therefore, the Court affirms the Board’s Finding of Fact 10 and Conclusion of Law 9.

Dingman Township v. Zoning Hearing Board

49 Pa. D. & C.3d 484 · Pennsylvania Court of Common Pleas, Pike County · Jun 29, 1987

In Skopic v. The Zoning Hearing Board of Hemlock Township, 80, Pa. … Also, we agree that the granting of an appeal in this matter would nullify the time limit for appeal as set forth in the municipal planning code, Atlantic Richfield Company v.

Raben v. Board of Education

143 Misc. 2d 884 · New York Supreme Court · May 18, 1989

This court distinguishes Matter of Daul v Board of Educ. ( 63 NY2d 862 ) on the facts. In the proceeding before this court, all teachers continued in active employment until the end of the school year. … (See and cf., dicta in Matter of Grace v Board of Educ., 19 AD2d 637 .)

Box Board & Lining Co. v. Vincennes Paper Co.

45 Misc. 1 · New York Supreme Court · Aug 15, 1904

Lukens Iron & Steel Co. v. Payne, 13 App. Div. 11 , 43 N. Y. Supp. 37 6; Parmele Co. v. Haas, 171 N. Y. 579 . … Lindheim v. Sitt, 33 Misc. Rep. 62 . Moreover, in view of the conclusion expressed by the Court of Appeals upon the question certified in Parmele Co. v.

Swabb v. Erie Board of Education

16 Pa. D. & C.3d 115 · Pennsylvania Court of Common Pleas, Erie County · Oct 20, 1980

In support of their argument, the appellants cite, e.g., Theros v. Warwick Board of Sch. Dir., 42 Pa. … Bednar v. Butler Area School District, 48 Pa. Commonwealth Ct. 586 , 410 A. 2d 922 (1980). See also, Platka v. Laurel Highlands Sch. Dist., 49 Pa. Commonwealth Ct. 210 , 410 A. 2d 960 (1980); Sporie v.

Frabotta v. Zoning Board of Adjustment

6 Pa. D. & C.2d 400 · Pennsylvania Court of Common Pleas, Lawrence County · Oct 21, 1955

This court must accord full weight to the decisions of the board, an administrative board but entrusted with important decisions involving discretion: Berman v. Exley, 355 Pa. 415 . … W. 2d 290 ; Brackett v. Board of Appeal, 311 Mass. 52 , 39 N. E. 2d 956 . The board has suffered under another mistake of law. It assumes the power to add to the uses permitted in a zone. This must be corrected.

Quinn v. Zoning Board of Adjustment

21 Pa. D. & C.2d 461 · Pennsylvania Court of Common Pleas, Montgomery County · Jul 23, 1959

We agree that the borough council had the power to amend the zoning ordinance exempting the borough from the provisions of the ordinance : Jordan v. Township of Lower Merion, 34 D. & C. 551. … : Fleming v.

Benner v. Zoning Board of Adjustment

6 Pa. D. & C.2d 10 · Pennsylvania Court of Common Pleas, Montgomery County · Oct 15, 1955

awarding plaintiff a variance under the zoning ordinance of Upper Dublin Township, and permitting him to complete the construction of 17 feet of six-foot high fencing on his property, the Township of Upper Dublin and the board … findings of a hearing judge are entitled to the same weight as a jury verdict and, where, as here, there is sufficient competent evidence to support these findings and conclusions, they will not be set aside: Moore et ux. v.

Ahrens v. Lansdale Board of Adjustment

41 Pa. D. & C.2d 473 · Pennsylvania Court of Common Pleas, Montgomery County · Jul 11, 1966

Following the issuance of the permit, an appeal was filed with the board. … Since this court took no additional testimony, the scope of our review is confined to an examination of the record to determine whether the board was guilty of a manifest abuse of discretion or an error of law: Jacobi v.

Parker v. Pa. Liquor Control Board

34 Pa. D. & C.3d 373 · Pennsylvania Court of Common Pleas, Fayette County · Apr 9, 1984

We conclude we may as we have found a different and significant material fact than that considered by the Liquor Control Board. Pennsylvania Liquor Control Board v. … Latrobe Armed Services Association, 16 Pa.Commw. 199, 329 A.2d 529 (1974); Pennsylvania Liquor Control Board v.

Carter v. Board of Zoning Appeals

4 Balt. C. Rep. 245 · Baltimore City Court · Sep 13, 1923

No reference is made in it to the Zoning Ordinance or to the Board of Zoning Appeals. … School Board, L. R. 2 Q. B. 182, p. 611.

Colonna v. Erie County Retirement Board

16 Pa. D. & C.3d 131 · Pennsylvania Court of Common Pleas, Erie County · Oct 21, 1980

The retirement board claims that the suit brought against the board must include the county, since the board by itself lacks the authority to transfer moneys to the state fund. … See Bellotti v. Spaeder, 433 Pa. 219 , 249 A. 2d 343 (1969) (statute of limitations in personal injury action, which em *136 ploys language identical to section 5527(6), found to be waivable).

Pierre Pellaton Apartments, Inc. v. Board of Assessors

71 Misc. 2d 515 · New York Supreme Court · Oct 11, 1972

the rates published by the New York State Board of Equalization. … The respondent Board of Assessors now moves to preclude the petitioner from raising the issue of ratio at the trial.

Biggs v. Zoning Board of Appeals

52 Misc. 3d 694 · New York Supreme Court · Apr 27, 2016

As a general matter, “a zoning board’s interpretation of a zoning law is afforded great deference and will only be disturbed ‘if it is irrational or unreasonable.’ ” (Matter of Meier v Village of Champlain Zoning Bd. of Appeals … 2012] [no deference to board of zoning appeals where issue is pure legal interpretation], l v denied 19 NY3d 811 [2012].)

People ex rel. Board of Education v. Grace

1 N.Y.S. 661 · New York Supreme Court · Jun 19, 1888

All the expenses of the board of education for 1887 have presumably long since been paid. … In the case of People v. Common Council, 82 N. Y. 575 , the court of appeals says: “We do not decide mere abstract questions, from the determination of which no practical result can follow.”

Fatscher v. Board of School Directors

75 Pa. D. & C.2d 164 · Pennsylvania Court of Common Pleas, Delaware County · Jan 6, 1976

See Kretzler v. Ohio Township, supra; Shellem v. Springfield School Dist., 6 Pa. Commonwealth Ct. 515 , 297 A. 2d 182 (1972); Acitelli v. … As stated by the Supreme Court in Travis v.

Schwartz v. Board of School Directors

71 Pa. D. & C.2d 339 · Pennsylvania Court of Common Pleas, Montgomery County · Jan 15, 1975

Township (hereinafter referred to as “the defendent board”). … From Rodenbaugh v. Phila.

Water & Power Resources Board v. Pawk

70 Pa. D. & C.2d 247 · Pennsylvania Court of Common Pleas, Butler County · Oct 30, 1974

Pawk appealed the order to the department hearing board. … Labor Relations Board v. Butz, 411 Pa. 360 , 192 A. 2d 707 (1963).