Case law

Kleinman v. Zoning Board of Appeals

6 Pa. D. & C.2d 659 · Pennsylvania Court of Common Pleas, Delaware County · Sep 29, 1955

In Dooling’s Windy Hill v. Springfield Township, 371 Pa. 290 , the subject property was located in “E Business District’', where a premises might be used as a hotel, boarding house or restaurant by special exception. … Zoning Case, 361 Pa. 322, 328 ; see also Silverco, Inc., v. Zoning Board of Adjustment, 379 Pa. 497, 500 .

Brady Bros. v. Board of Supervisors

54 Pa. D. & C.2d 359 · Pennsylvania Court of Common Pleas, Montgomery County · Nov 11, 1971

In the Rau v. … In Chamberlin v.

Rorer v. Zoning Board of Adjustment

5 Pa. D. & C.2d 615 · Pennsylvania Court of Common Pleas, Montgomery County · Aug 4, 1955

See also concurring opinion by Bell, J., in Walker v. Zoning Board of Adjustment et al., 380 Pa. 228, 235 (1955). From the testimony we make the following Findings of Fact 1. Applicants, John F. … Yancale et ux. v. Phila. Zoning Board, 68 D. & C. 233 (1949), cited by appellants, is clearly distinguishable.

People ex rel. Lefever v. Board of Supervisors

32 Barb. 473 · New York Supreme Court · Sep 3, 1860

(People v. Ransom, 2 Comst. 490. People v. Supervisors of Westchester, 15 Barb. 608.) In this instance the writ appears to do so. … (Commercial Bank v. Canal Commissioners, 10 Wend. 25 .) The return is to be considered an entirety. (The People v. Vail, I Wend. 38.)

Catania v. Zoning Board of Adjustment

33 Pa. D. & C.2d 256 · Pennsylvania Court of Common Pleas, Delaware County · Aug 20, 1963

Zoning Board of Adjustment, 409 Pa. 376, 380 (1963); Peirce v. Zoning Board of Adjustment, 410 Pa. 262, 265 (1963). … Catania, trading as James V. Catania and Sons, was denied a variance by the Zoning Board of Adjustment of Ridley Park.

Overholtzer v. Zoning Board of Adjustment

31 Pa. D. & C.2d 793 · Pennsylvania Court of Common Pleas, Montgomery County · Jun 13, 1963

The evils of “flexible selective zoning” condemned by the Supreme Court in Eves v. Zoning Board of Adjustment, 401 Pa. 211 (1960), are present here and must be struck down. … Where zoning regulations have no reasonable relationship to public health, safety, morals or *796 general welfare they are invalid: Schmalz v. Buckingham Township Zoning Board of Adjustment, 389 Pa. 295 (1957).

Snyder v. Zoning Board of Adjustment

26 Pa. D. & C.2d 593 · Pennsylvania Court of Common Pleas, Montgomery County · Jan 6, 1961

“It is established, . . . that variances may be granted only where the property, not the person, is subjected to hardship”: Gold v. Zoning Board of Adjustment, 393 Pa. 401, 403 (1958). … “Economic hardship standing alone is clearly insufficient to justfy the issuance of a variance”: Spadaro v. Zoning Board of Adjustment, 394 Pa. 375, 378 (1959).

Panati v. Zoning Board of Adjustment

22 Pa. D. & C.2d 752 · Pennsylvania Court of Common Pleas, Montgomery County · Jun 30, 1960

of a manifest abuse of discretion or an error of law”: Walker v. … Zoning Board of Adjustment, 380 Pa. 228, 234 (1955).

Wisniski v. Zoning Board of Adjustment

17 Pa. D. & C.2d 509 · Pennsylvania Court of Common Pleas, Delaware County · Dec 30, 1958

The board’s opinion states that it “rests its decision upon the relief which the applicant sought, that is a special exception.” Mrs. … The board’s counsel counters that the board did, in fact, consider all the elements which are involved in a variance.

Gibson v. Zoning Board of Adjustment

13 Pa. D. & C.2d 203 · Pennsylvania Court of Common Pleas, Delaware County · May 31, 1957

Judge Kreider, in Paxtang Borough Board of Adjustment v. … To support this contention, they cite Novello v. Board of Adjustment, 384 Pa. 294 ; Garner v. Board of Adjustment, 388 Pa. 98 , and Baronoff v. Board of Adjustment, 385 Pa. 110 .

Hampton v. Norristown Board of Adjustment

72 Pa. D. & C. 270 · Pennsylvania Court of Common Pleas, Montgomery County · May 6, 1950

Bosler may feel, and the board apparently felt, that the fact that Mr. … See Babcock v. Laidlaw et al., 113 N. J. Eq. 318, 166 Atl. 632, 633 (1933); Busse & Borgmann Co. v. Upchurch, 60 Ohio App. 349 , 21 N. E. (2d) 349, 352 (1938); Building Commissioner of Brookline v.

Moore v. Board of Aldermen

160 N.Y.S. 471 · New York Supreme Court · Jul 13, 1916

The board has laid out but 2 assembly districts in this senate district, while in every other district in this county there are 3 assembly districts. … Carter v. Rice, 135 N. Y. 473, 511 , 31 N. E. 921 , 16 L. R. A. 836.

Gammerman v. Board of Elections

115 Misc. 2d 1055 · New York Supreme Court · Oct 13, 1982

Petitioners in Gammerman v Board of Elections of City of N. Y. and in Leff v Board of Elections of City of N. … (Matter of Hunting v Power, 20 NY2d 680 ; Lauer v Board of Elections of City of N. Y., 262 NY 416 .) *1059 The substantial prejudice to the voters of the Democratic Party is obvious.

Lester v. Board of Education

119 N.Y.S. 887 · New York Supreme Court · Nov 30, 1909

Ajas v. Board of Education, 104 App. Div. 162 , 93 N. Y. Supp. 300 ; Farrell v. Board of Education, 113 App. Div. 405 , 98 N. Y. Supp. 1046 . … The decision of the Court of Appeals in Gunnison v. Board of Education, 176 N. Y. 11 , 68 N. E. 106 , is not in conflict.

Board of Education v. Carey

110 Misc. 2d 580 · New York Supreme Court · Sep 8, 1981

In Board of Educ. v Regan ( 107 Misc 2d 37 ) Special Term supported that view and held that the plaintiff school board had no obligation to reimburse the HIRRF or the State for the payment received by it in 1977. … (Board of Educ. v Allen, 27 AD2d 69 , affd 20 NY2d 109 , affd 392 US 236 ).

Price v. New York City Board of Education

16 Misc. 3d 543 · New York Supreme Court · May 7, 2007

(Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 546 [1983].) … and Matter of McManus v Board of Educ. of Hempstead Union Free School Dist. ( 87 NY2d 183 [1995] [challenging a termination of an acting school principal by a school board]).

Stickley v. Board of Liquor Control

69 Ohio Law. Abs. 516 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Nov 19, 1954

Myers v. … City of Columbus v.

Hoffman v. Board of Education

98 Misc. 2d 847 · New York Supreme Court · Jan 3, 1979

(Tuller v Central School Dish No. 1 of Towns of Conklin, Binghamton, Kirkwood & Vestal, 40 NY2d 487 ; Matter of Going v Kennedy, 5 AD2d 173 , affd 5 NY2d 900 .) … (East Asiatic Co. v Corash, 34 AD2d 432 .)

Landi v. Board of Education

93 Misc. 2d 21 · New York Supreme Court · Jan 5, 1978

the Board of Education during the aforesaid years discriminated against Blacks and Hispanics. … (Chance v Board of Examiners, 330 F Supp 203 , affd 458 F2d 1167.)

Johnson v. Board of Education

90 Misc. 2d 40 · New York Supreme Court · Mar 17, 1977

To the extent this is a tenable position it rests upon subdivision 24 of section 1709 of the Education Law, which empowers a board of education "[t]o provide * * * home-teaching * * * for physically or mentally handicapped … The provision for home tutoring is compatible with the statute (Matter of Turner v Kowalski, 49 AD2d 943 ; Matter of Walton v Board of Educ., 68 Misc 2d 935 ; Matter of Manson, 11 Ed Dept Rep 48), but a hearing in accordance