Case law

People ex. rel. Crandall v. Board of Supervisors

36 How. Pr. 544 · New York Supreme Court · Jul 1, 1869

Oakwood Island Yacht Club, Inc. v. Board of Appeals

32 Misc. 2d 677 · New York Supreme Court · Nov 14, 1961

The board does not exercise inherent power and is not a free agent. (De Ville Homes v. Michaelis, 201 N. Y. S. 2d 129, 130; Matter of Pearson v. Shoemaker, 25 Misc 2d 591 ; Matter of Vit-Al Bldg. Corp. v. … Co. v. Ruge, 141 Misc. 913 , affd. 235 App. Div. 627 ; Matter of Small v. Moss, 279 N. Y. 288, 297 ; Matter of Picone v. Commissioner of Licenses, 241 N. Y. 157, 161 ; Matter of Lyons v. Prince, 281 N. Y. 557, 561 .)

Westgate Professional Center, Inc. v. Zoning Hearing Board

60 Pa. D. & C.2d 653 · Pennsylvania Court of Common Pleas, Northampton County · Dec 11, 1972

See opinion of the board, finding of fact no. 4, page 1. Subsequently, on May 4, 1972, the zoning board denied the application. The conclusions reached by the zoning board were that: 1. … restriction upon the use of property, being in derogation of common law, must receive a strict construction in favor of the property owner and, conversely, words of allowance must receive the broadest construction: Mayer v.

Nicoll v. City of Norfolk Wetlands Board

90 Va. Cir. 169 · Norfolk County Circuit Court · Apr 10, 2015

Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96, 104 , 639 S.E.2d 174, 178 (2007); *176 see also Va. Marine Res. Comm’n v. … See, e.g, Virginia Dep’t of Health v.

Carmichael v. Newport News School Board

44 Va. Cir. 43 · Newport News County Circuit Court · Nov 14, 1997

v. … In James v.

Adkins v. Fairfax County School Board

42 Va. Cir. 305 · Fairfax County Circuit Court · May 21, 1997

Adkins brought suit against Caldwell and the Fairfax County School Board. … Hughes v. Moore, 214 Va. 27, 34 (1973). The Virginia Supreme Court has specifically held that symptoms of an emotional disturbance do not constitute the requisite physical injury for a NEED claim. Myseros v.

C & L Construction Co. v. Board of Trustees

19 Ct. Cl. 191 · West Virginia Court of Claims · Feb 5, 1993

Marshall University is a facility under the auspices of the Board of Trustees of the University of West Virginia, respondent herein. … This document was prepared by V. J.

Midvale Paper Board Co. v. Cup Draft Paper Corp.

173 Misc. 786 · City of New York Municipal Court · Mar 2, 1940

Law, § 25; Durand v. Lipman, 165 Misc. 1 .) Hence, this court has jurisdiction of the action. Indeed, both sides, upon the argument, agreed upon this point. The motion is granted.

Community Board 7 of Borough of Manhattan v. Schaffer

150 Misc. 2d 770 · New York Supreme Court · Feb 22, 1991

No. 2 v Board of Stds. & Appeals ( 43 AD2d 670 [1st Dept 1973]), the court reinstated individual tenants as proper petitioners in an article 78 proceeding to review a variance granted by respondent Board of Standards and … No. 4 v Board of Estimate ( 88 AD2d 832 [1st Dept 1982]), the petitioner Board sought to annul a decision of the Board of Estimate made after public hearings which affirmed a grant of a zoning variance to a realtor regarding

Board of County Commissioners v. Consolidated Rail Corp.

14 Ohio Misc. 2d 4 · Van Wert County Court of Common Pleas · Dec 30, 1983

Plaintiff, Van Wert County Board of Commissioners, filed its complaint on November 30, 1982 alleging that a piece of property locáted adjacent to the Van Wert County Courthouse was deeded on August 7, 1981 to the Pittsburgh … This argument is based upon a statement contained in the case of Williams v. Haller (1912), 13 Ohio N.P.

Planned Parenthood of Westchester Inc. v. Town Board

154 Misc. 2d 971 · New York Supreme Court · Jan 10, 1992

An appeal of the denial was then made to respondent Town Board of the Town of Greenburgh. … (Public Officers Law § 89 [4] [c]; Matter of MacRae v Dolce, 130 AD2d 577, 578 ; Wurster v LeFevre, 152 AD2d 810, 811 .)

Johnson v. New York City Board of Education

177 Misc. 2d 310 · New York Supreme Court · Jun 11, 1998

v City of New York, 223 AD2d 522, 523 ; Lasker v City of New York, 194 AD2d 646, 647 ; Weinstein v Board of Educ., 127 AD2d 655, 656 ). … City of New York, supra, 69 NY2d, at 260 ; Miller v State of New York, supra, 62 NY2d, at 510 ; De Long v County of Erie, 60 NY2d 296, 304 ; Feder v Board of Educ., 147 AD2d 526 ).

Ruane v. Virginia Real Estate Board

39 Va. Cir. 242 · Fairfax County Circuit Court · May 15, 1996

The legal basis for the Board’s refusal of her petition is outlined in seven findings on page 2 of the Board’s order. In the preface to the seven findings of fact, the Board states “Ms. … While the Court cannot dictate to the Board what its decision should be; reason, common sense, and justice suggest only one available course. Ruane v. Virginia Real Estate Board, 36 Va. Cir. 420 (1995). [Reporter’s Note]

Clay v. Motor Vehicle Dealers Board

41 Va. Cir. 207 · Spotsylvania County Circuit Court · Dec 19, 1996

After receiving notice of the Board’s decision, Clay requested a formal hearing under § 9-6.14:12. The Board acknowledged Clay’s request for a hearing by letter of January 5, 1996. … In Eddine v. Eddine, 12 Va. App. 760 (1991), a pro se litigant complained that he was deprived of due process when he failed to receive notice of proceedings in a divorce case.

Milmic Realty Corp. v. Board of Standards & Appeals

35 Misc. 2d 30 · New York Supreme Court · May 14, 1962

The record discloses a basis for the exercise of judgment by the Fire Commissioner and the Board of Standards and Appeals and the court will not interfere with the exercise of such judgment (Matter of Levy v. … Board of Stds. & Appeals, 267 N. Y. 347, 351 ; Hickox v. Griffin, 274 App. Div. 792 ; Matter of Empire Distr., supra).

People ex rel. Hasbrouck v. Board of Supervisors

22 How. Pr. 71 · New York Supreme Court · Oct 15, 1861

The want of funds is no reason why the board should not audit such an account, though it might necessarily delay the payment. The order appealed from is affirmed, with ten dollars costs.

Brady v. New York State Board of Parole

36 Misc. 2d 159 · New York Supreme Court · Aug 30, 1962

The petitioner brings this article 78 proceeding on the authority of Matter of Browne v. … Melick v. Jennings, 132 Misc. 197, 198 ).

Council of Supervisory Associations v. Board of Education

67 Misc. 2d 548 · New York Supreme Court · Sep 2, 1971

Assignment is still the function of the board. (See Matter of Van Heusen v. Board of Educ. of City of Schenectady, 26 A D 721 [1966]; Matter of Kropf v. Board of Educ. of City of N. … (Matter of Council of Supervisory Assns. v. Board of Educ. of City of N. Y., 65 Misc 2d 430 .) Then, in New York County, Mr.

Munsch Ltd. v. Pennsylvania Board of Finance & Revenue

47 Pa. D. & C.2d 326 · Pennsylvania Court of Common Pleas, Dauphin County · May 5, 1969

SHELLEY, J., This is an appeal of Munsch Limited (hereinafter referred to as “appellant”) from the decision of the Board of Finance and Revenue (hereinafter referred to as the “board”) refusing to recognize that appellant … We said in Commonwealth v.

Nemoyer v. New York State Board of Elections

125 Misc. 2d 1054 · New York Supreme Court · Oct 15, 1984

It has been held that the word “shall” is not always imperative or mandatory and can be merely a grant of authority (Munro v State of New York, 223 NY 208, 214 ; Matter of McCormick v Axelrod, 91 AD2d 1144 ). … , 65 AD2d 661 , mot for lv to app den 45 NY2d 897 ), nor would the court, in the exercise of its discretion, direct its acceptance and filing by the Board (Matter of Lauer v Board of Elections, 262 NY 416 ). *1060 The court