Case law

Board of Supervisors v. Deyoe

22 N.Y. Sup. Ct. 526 · New York Supreme Court · Nov 15, 1878

(Town of Venice v. Woodruff, 62 N. Y., 462 .) Fourth. The plaintiffs urge the so-called omnibus suit, growing out of the Schuyler frauds. (New York and New Haven R. R. Co. v. Schuyler, 17 N. Y., 592 , and 34 id., 30.)

Warder v. Board of Regents of the University

97 Misc. 2d 86 · New York Supreme Court · Sep 22, 1978

Carr, secretary to the New York State Board of Regents, during the course of open and public meetings. … It should be first noted that public disclosure laws require liberality of construction (Cuneo v Schlesinger, 484 F2d 1086, cert den sub nom. Rosen v Vaughn, 415 US 977 ; Matter of Burke v Yudelson, 81 Misc 2d 870 ).

Prometheus Realty Corp. v. New York City Water Board

54 Misc. 3d 745 · New York Supreme Court · Jun 20, 2016

Rationality is the key in determining whether an action is arbitrary and capricious or an abuse of discretion (Matter of Pell v Board of Educ., 34 NY2d at 231). … Assn. v Town of Guilderland, 141 AD2d 293, 298 [3d Dept 1988] [emphasis omitted]).

Deane v. Board of Supervisors of Greene County

66 How. Pr. 461 · New York Supreme Court · Jan 15, 1884

The facts are as follows: The board of supervisors of Greene county, acting as county canvassers, at its annual meeting in 1882, decided that William Iiortz, and not Andrew H. … value, previous to the initiation of this proceeding, which seeks to compel the board to cancel the audit and allowance.

Board of Education v. State Division of Human Rights

68 Misc. 2d 1035 · New York Supreme Court · Feb 11, 1972

Educ. v. … Matter of Jeanpierre v. Arbury, 4 N Y 2d 238 2 .)

Ware v. Board of Fire Commissioners

32 Misc. 3d 781 · New York Supreme Court · Jun 1, 2011

Safir, 96 NY2d 32, 38 [2001]; Trotta v Ward, 77 NY2d 827, 828 [1991]; Matter of Berenhaus v Ward, 70 NY2d 436, 445 [1987]). … Mulligan, 57 AD3d 772 [2008]; Matter of Dallas v Doar, 45 AD3d 592 [2007]; Matter of Royster v Goord, 26 AD3d 503 [2006]).

Williams v. Virginia Board for Contractors

43 Va. Cir. 587 · Richmond County Circuit Court · Nov 20, 1997

Counsel also cited Virginia Bd. of Medicine v. Fetta, 244 Va. 276 (1992), as authority for such action. … With die evidence the Board had before it, it was not improper for the Board to have found what it did.

Herrity v. State Water Control Board

21 Va. Cir. 422 · Fairfax County Circuit Court · Oct 25, 1990

such hearing is filed with the Board. … The focus of this court’s inquiry is thus limited to determining whether petitioners are "parties aggrieved” as interpreted in this state. *424 Counsel for the Board has correctly cited Va. Beach Beautification Comm. v.

Columbia Dentoform Corp. v. Virginia Board of Dentistry

64 Va. Cir. 222 · Richmond County Circuit Court · Mar 11, 2004

(the Board). … the Act, is so intertwined with the Board’s authority, that it is an agent of the state and thereby subject to the requirements of the Act.

Owens v. Board of Zoning Appeals

19 Va. Cir. 302 · Roanoke County Circuit Court · Apr 20, 1990

A board of zoning appeals, acting under a delegated power to grant or refuse special exceptions and special use permits, acts in a legislative capacity. [County Board of Arlington v. … County Board of Arlington v. Bratic, 237 Va. 221, 227 , 377 S.E.2d 368, 371 (1989). Beyond question, there was evidence produced at the hearing from which the Board could conclude that Mr.

Serage v. Board of Trustees of the University

28 Ill. Ct. Cl. 368 · Court of Claims of Illinois · Jun 21, 1973

Wharton v. Albemarle County School Board

47 Va. Cir. 169 · Albemarle County Circuit Court · Sep 28, 1998

Messina v. Burden, 228 Va. 301, 313 (1984) (quoting James v. Jane, 221 Va. 43, 53 (1980)), and Stanfield v. Peregoy, 245 Va. 339, 342 (1993). … For example, in Wagoner v. Brown, 43 Va. Cir. 225 (1997), the School Board carried a policy providing that “the accident must arise out of the ownership, maintenance, use, loading or unloading of an auto we insure.” Id.

Young v. Greneker Studios, Inc.

175 Misc. 1027 · New York Supreme Court · Mar 25, 1941

As Judge Chase, writing for the Court of Appeals in Binns v. Vitagraph Co. ( 210 N.

Hurwitz v. Virginia Board of Medicine

46 Va. Cir. 119 · Arlington County Circuit Court · Jun 30, 1998

Johnston-Willis, Ltd. v. Kenley, 6 Va. App. 231, 242 , 369 S.E.2d 1, 7 (1988). … School Board of County of York v. Nicely, 12 Va. App. 1051, 1062 (1991). An initial decision was made by this Court on May 8, 1997, when the Court denied petitioner’s motion for partial summary judgment.

Benoit v. Board of Zoning Appeals

9 Va. Cir. 228 · Alexandria County Circuit Court · Sep 8, 1987

The objection will be overruled, and upon a proper certification that they are part of all the papers acted upon by the Board in rendering its decision pursuant to 15.1-497, they will be made a part of the record. … The requirement is that the papers reflect the findings underlying the Board’s decision. Packer v. Hornsby, 221 Va. 117, at 121 (1980). Mr.

People ex rel. Wood v. Board of Commissioners

27 N.Y.S. 41 · New York Supreme Court · Jan 18, 1894

See People v. Commissioners of Excise, (Sup.) 24 N. Y. Supp. 739 ; People *43 v. Truman, (Sup.) 23 N. Y. Supp. 913 . … the commissioners, yet we can have no doubt that the commissioners were justified in giving to such vote a controlling effect in the exercise of their discretion whether to grant or refuse license in their town, (People v.

Spotsylvania County School Board v. Sherman Construction Corp.

14 Va. Cir. 333 · Spotsylvania County Circuit Court · Feb 16, 1989

Sherman and Seaboard emphasize Spotsylvania County School Board v. R. E. Lee & Son, Inc. … The School Board argues that the better view is represented by Hanover County School Board v.

Regan v. New York State Board of Parole

93 Misc. 2d 340 · New York Supreme Court · Feb 21, 1978

of Speed v Regan, 50 AD2d 1100 , affd 42 NY2d 1087 ). … Matter of Donzague v New York State Bd. of Parole, 58 AD2d 707 ; Matter of Consilvio v New York State Bd. of Parole, 57 AD2d 955 .)

Lunsford v. Fairfax County School Board

3 Va. Cir. 389 · Fairfax County Circuit Court · Jul 18, 1985

School Board v. McConnell, 215 Va. 603 , 607, 212 S.E.2d 264 , 267-268 (1975), quoting White v. Board of Education, 74 Misc. 171 , 344 N.Y.S.2d 564, 566 (1973). … That is a function exclusively reserved to the school board," relying on James v. Duckworth, 170 F. Supp. 342, 346, n. 5 (E.D. Va. 1959).

Anders v. East Norriton Township Board of Adjustment

31 Pa. D. & C.2d 297 · Pennsylvania Court of Common Pleas, Montgomery County · Mar 25, 1963

On appeal from the action of a zoning board of adjustment, the record should be examined only to determine whether or not there has been a manifest abuse of discretion or an error of law: Spadaro v. … Zoning Board of Adjustment, 394 Pa. 375 (1959). Neither are present here.