Case law

People ex rel. Wayside Home v. Board of Supervisors

12 Misc. 187 · New York Supreme Court · Apr 15, 1895

Y. 361 , and the case of People v. … The last case on the relator’s brief which it seems necessary to discuss is Allbyer v. State, 10 Ohio St. 588 .

Austin v. Board of Higher Education

9 Misc. 2d 253 · New York Supreme Court · Dec 18, 1957

In Bressler v. Board of Higher Educ. ( 298 N. … In Steinson v. Board of Educ. ( 165 N.

Miller v. Zoning Board of Appeals of Saratoga Springs

176 Misc. 2d 383 · New York Supreme Court · Mar 20, 1998

The first case is Matter of Proskin v Donovan ( 150 AD2d 937 , lv denied 75 NY2d 702 ). … The duty of a court is to review zoning determinations, not make them” (Matter of Nash v Denison, 175 AD2d 436, 437 ).

Davis v. Orange County Codes Enforcement Board

26 Fla. Supp. 2d 42 · Circuit Court for the Judicial Circuits of Florida · Dec 3, 1987

Respondent, ORANGE COUNTY CODES ENFORCEMENT BOARD, was created and established, by the Board of County Commissioners, to promote, protect and improve the health, safety and welfare of the citizens of unincorporated Orange … Chatham v. Donaldson, 174 A.2d 213 (N.J. App. Div. 1961). That Court specifically noted that the “pursuit of a hobby is clearly customarily a part of recreational activities”. Id. at 216 10.

700 Shore Road Associates v. Board of Assessment Review

70 Misc. 2d 822 · New York Supreme Court · Aug 10, 1972

made at an adjourned hearing of the board on July 20, 1972. … Such protest is timely and must be considered by the board.

Fairfax County School Board v. Judicial Watch, Inc.

91 Va. Cir. 443 · Fairfax County Circuit Court · Jan 4, 2016

Commonwealth. v. Zamani, 256 Va. 391, 395 (1998) (citing Turner v. Commonwealth, 226 Va. 456, 459 (1983)). … Commonwealth Natural Res. v. Commonwealth, 219 Va. 529, 536 (1978); see also Virginia Elec. & Power Co. v.

McMahon v. Oswego County Board of Elections

38 Misc. 3d 203 · New York Supreme Court · Oct 5, 2012

by the Board of Elections. … Weller v. Townsend, 102 N. Y. 430 ; Matter of MacAdams v. Cohen, 236 App. Div. 361 , affd. 260 N. Y. 559 ; Matter of Mitchell v. Boyle, 219 N. Y. 242 .)” (Id. at 188; see also Skelos v Paterson, 13 NY3d 141 [2009].)

Laffoon v. City of Richmond Zoning Appeals Board

91 Va. Cir. 391 · Richmond County Circuit Court · Nov 23, 2015

Likewise, “[t]here is a presumption that the Board’s decision was correct, and the burden is on the appellant to overcome this presumption.” Alleghany Enterprises, Inc. v. … See Toone v. Board of Zoning Appeals, 54 Va. Cir. 33 (Fairfax County 2000); Carolinas Cement Co. v. Warren County, 52 Va. Cir. 6 (Warren County 2000); Nowak v. Board of Zoning Appeals of Virginia Beach, 14 Va.

Capeletti Bros. v. Board of Public Instruction

25 Fla. Supp. 147 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Jul 23, 1965

See City of Coral Gables v. Burgin, 143 So.2d 859 (Fla. 1962); City of Miami Beach v. Cowart, 116 So.2d 432 (Fla. 1959). … In Currie v. Stolowitz, 338 P.2d 208 , somewhat similar provisions of a California statute regulating contractors were considered and construed by the court in this same manner.

Phyllis Haynes Edens, CCR v. Board of Barbers & Cosmetologists

23 Ct. Cl. 39 · West Virginia Court of Claims · Oct 19, 1999

People ex rel. First National Bank v. Board of Supervisors

31 How. Pr. 237 · New York Supreme Court · Dec 15, 1864

I have great doubts whether the board of supervisors have the power to alter the assessment rolls by striking out the name of any person or corporation which may have been placed upon it by the assessors. … Board of Supervisors of Broome County, 25 N. Y. 315 ; The People agt. The Supervisors of Allegany County, 15 Wend. 198 .)

Style Rite Homes, Inc. v. Zoning Board of Appeals

54 Misc. 2d 866 · New York Supreme Court · Aug 1, 1967

Y. 71, 76 ; Matter of Clark v. Board of Zoning Appeals of Town of Hempstead, 301 N. Y. 86; Matter of Hickox v. Griffin, 298 N. Y. 365 ; Matter of Young Women’s Hebrew Assn. v. Board of Stds. & Appeals, 266 N. Y. 270 ). … Y. 270;Prusick v. Board of Appeals, 262 Mass. 451 ). Unnecessary hardship in the legal sense means unreasonable financial loss. Here there has been none.

Stillman v. School District & Board of Education of Rockville Centre

60 Misc. 2d 819 · New York Supreme Court · Sep 26, 1969

of Educ. v. … Matter of Horowitz v. Board of Educ. of Yonkers, 217 App. Div. 233, 238 ).

Harvey Construction Co. v. Fairfax County Board of Supervisors

31 Va. Cir. 177 · Fairfax County Circuit Court · Jun 11, 1993

Fairfax argues that this court lacks jurisdiction to hear this case because Harvey has failed to allege compliance with § 15.1-554, Code of Virginia (1950), as amended, which requires a party to file a claim with the Board … As stated in Virginia Nat’l Bank v.

Cement Masons Local 780 Pension Fund v. Schleifer

New York Supreme Court · Jun 28, 2017

Brown ("Brown"), Robert A. Ingram ("Ingram"), Alfred G. Gilman ("Gilman"), Joseph L. Goldstein ("Goldstein"), Christine A. Poon ("Poon"), P. … Limmer v.

Virginia Psychiatric Co. v. Zoning Appeals Board

47 Va. Cir. 36 · Fairfax County Circuit Court · May 11, 1998

Donovan v. Board of Zoning Appeals, 251 Va. 271 (1996); Ames v. Painter, 239 Va. 343 (1990). As the Supreme Court of Virginia summarized: A decision of a Board of Zoning Appeals is presumed to be correct. … In Board of Zoning Appeals v. Fowler, 201 Va. 942, 948 (1960), we explained that zoning boards exist in order to apply their expert discretion to matters coming within their cognizance.

Chin v. New York State Board of Law Examiners

118 Misc. 2d 740 · New York Supreme Court · Apr 5, 1983

In recognition of this standard of review, the Board’s determination not to administer a bifurcated exam has been upheld (Matter of Mahoney v New York State Bd. of Law Examiners, 113 Misc 2d 917 ). … The Board’s determination of equivalent education required for admission without examination has also been upheld (Matter of Sodha v New York State Bd. of Law Examiners, 105 Misc 2d 159 ).

Mulgrew v. Board of Education of the City School District

33 Misc. 3d 350 · New York Supreme Court · Jul 21, 2011

(See Matter of Duke & Benedict v Board of Educ. of Carmel Cent. … A related suit, Steglich v Board of Educ. (index No. 107173/2011 [Steglich 2]) is currently pending before this court.

Easley v. Virginia Alcoholic Beverage Control Board

57 Va. Cir. 15 · Virginia Circuit Court · May 15, 2001

Atkinson v. ABC Commission, 1 Va. App. 172, 176 , 336 S.E.2d 527 (1985) (citations omitted). … See Walker v. Memorial Hosp., 187 Va. 5, 7 , 45 S.E.2d 898 (1948). The Court pointedly noted that “the Board made no findings that suggest additional precautions that [the licensee] could have taken.” Id.

Rutledge v. Board of Governors of State Colleges & Universities

44 Ill. Ct. Cl. 257 · Court of Claims of Illinois · Oct 21, 1991

Claimant relies on the doctrine of res ipsa loquitur in that the trier of fact can apply the doctrine by inference from circumstantial evidence and cites Lynch v. … Imeg v. Beck (1986), 503 N.E.2d 324 .