Case law

Wintergreen Property Owners Ass'n v. Nelson County Board of Supervisors

70 Va. Cir. 39 · Nelson County Circuit Court · Aug 29, 2005

Parker v. Miller, 250 Va. 175 , 459 S.E.2d 904 (1995); Lawrence Transfer & Storage Corp. v. Board of Zoning Appeals of Augusta County, 229 Va. 568 , 331 S.E.2d 460 (1985). … Gordon v. Board of Supervisors of Fairfax County, 207 Va. 827 , 832, 153 S.E.2d 270 (1966). Further, where an ordinance conflicts with state law, it is invalid. City of Alexandria v.

Westfall v. Gere

3 Lans. 151 · New York Supreme Court · Sep 15, 1870

S., 394, § 33; id., 396, § 37; Parish v. Golden, 35 N. Y., 462 ; Van Rensselaer v. Whitbeck, 7 id., 517 .) … (Henderson v. Brown, 1 Caines, 92 ; Sheldon v. Van Buskirk, 2 N. Y., 473 ; Trustees of Rochester v. Symonds, 7 Wend., 392 .)

Spinella v. Town of Paris Zoning Board of Appeals

194 Misc. 2d 232 · New York Supreme Court · Nov 20, 2002

v Pagan, 191 AD2d 651 [2d Dept 1993]; Jones v New York City Tr. … Auth., 126 Misc 2d 585 [Civ Ct, NY County 1984]; People v Brown, 62 NY2d 743 [1984]; People v Johnson, 134 AD2d 617 [2d Dept 1987]).

Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining

146 Misc. 323 · New York Supreme Court · Sep 29, 1932

Buchko v. Board of Education of Connetquot Central School District No. 7

43 Misc. 2d 43 · New York Supreme Court · Apr 24, 1964

Board of Educ., 259 N. Y. 191 ; Cottrell v. Board of Educ., supra; Levert v. Central School Dist. No. 6, 24 Misc 2d 833 ,10 A D 2d 975.) … There is no illegality per se in such procedure (see Matter of Board of Educ. v. Wilson, 303 N. Y. 107 ). The conclusory allegations of unconstitutionality and illegality are insufficient (Matter of Board of Educ. v.

Dade County Ass'n of Unincorporated Areas, Inc. v. Board of County Commissioners

45 Fla. Supp. 193 · Circuit Court for the Judicial Circuits of Florida · Dec 3, 1975

See Fasano v. Board of County Commissioners of Washington County, 264 Or. 574 , 507 P.2d 23 (1973). … In Troup v.

Board of Education of Union Free School v. Mapes

14 N.Y. St. Rep. 593 · New York Supreme Court · Feb 15, 1888

The board (plaintiff) was empowered to use the moneys for the purpose of the act, among which it specified '' the purchasing the school site selected by said special meeting of the taxable inhabitants.” … The Rider Raft Co. v. Roach, 97 N. Y. 378 Moore v.

Orange Stones Co. v. Borough of Hamburg Zoning Hearing Board

11 Pa. D. & C.5th 455 · Pennsylvania Court of Common Pleas, Berks County · Jan 15, 2010

A zoning hearing board is a quasi-judicial body which can perform “formal fact-finding and deliberative functions in a manner similar to that of a court.” Kennedy v. … Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 554-55 , 462 A.2d 637, 639-40 , (1983).

Duke & Benedict, Inc. v. Board of Education of Carmel Central School District

81 Misc. 2d 1043 · New York Supreme Court · Apr 14, 1975

(Buchko v Board of Educ. of Connetquot Cent. School Dist. No. 7, 43 Misc 2d 43 ; see, also, Matter of Pacos v Hunter, 29 Misc 2d 404 ; Turco v Union Free School Dist. … In Matter of Raffone v Pearsall ( 39 AD2d 208 ), a proposed school budget was approved by the qualified voters.

McDonald's System, Inc. v. Zoning Board of Appeals

28 Conn. Supp. 181 · Pennsylvania Court of Common Pleas · Sep 27, 1968

Bright v. Zoning Board of Appeals, 149 Conn. 698, 704 ; Fox v. Zoning Board of Appeals, 146 Conn. 665, 667 . … Kyser v. Zoning Board of Appeals, 155 Conn. 236, 251 .

Middleton v. Board of Education of the South Jefferson Central School District

109 Misc. 2d 1015 · New York Supreme Court · Jul 16, 1981

In support of this contention, the respondent cites Matter of Skliar v Board of Educ. ( 45 AD2d 1012 ), and Kirkland v Board of Educ. ( 49 AD2d 693 ). … (See Matter of Lezette v Board of Educ., 35 NY3d 272 ; Matter of Spinney Hill Collision v Caso, 56 AD2d 655 ; Matter of McNamara v Board of Educ., 54 AD2d 467 .)

Slater v. State Liquor Authority

6 Misc. 2d 980 · New York Supreme Court · Apr 26, 1956

Brown, J. Petitioner seeks an article 78 review of the determination of the respondent board in refusing his application to transfer his retail liquor store license to other premises. … .” *981 The board’s determination must be sustained “if either ground is valid ” (Porrazzo v. O’Connell, 119 N. Y. S. 2d 45, 47).

Board of Education of Central High School District No. 2 v. Allen

51 Misc. 2d 181 · New York Supreme Court · May 13, 1966

The ease of Packer Collegiate Inst. v. University of the State of N. Y. ( 298 N. Y. 184 ) is not at all apposite, even if the issue had been properly pleaded. … In the present case the Central High School District Board has no control over grades kindergarten through 6, and, conversely, the component Union Free School District Board has no control over grades 7 through 12.

People ex rel. Stockwell v. Earle

47 How. Pr. 370 · New York Court of Common Pleas · May 15, 1874

Sections 119 and 120 of the act to provide for the enrollment of the militia,, passed April 23, 1862, confer sufficient authority upon the board of supervisors, not only to hire, but to erect a suitable and convenient armory … The question of fraud may be raised and investigated whenever it is made to appear, and the audit of the *375 board of supervisors is not conclusive upon this point. The People ex rel. Brown agt. Oreen (46 How. Pr.

Hayden v. Zoning Board of Appeals of Plainville

26 Conn. Supp. 168 · Pennsylvania Court of Common Pleas · Oct 26, 1965

Johnston v. Hartford, 96 Conn. 142,151 . … Whitney Theatre Co. v. Zoning Board of Appeals, 150 Conn. 285, 287 . The demurrer to the plea in abatement is sustained.

Underhill v. Reinor

2 Hilt. 319 · New York Court of Common Pleas · Apr 15, 1859

Parker v. Walrod, 16 Wend. 514 ; Earl v. Camp, id. 562 ; Posson v. Brown, 11 John. 166 . … .); Yates v. St. John, 12 Wend. 74 .

State v. Stevens

130 Misc. 2d 790 · New York Supreme Court · Sep 24, 1985

(State of New York v Princess Prestige Co., 42 NY2d 104 ; Matter of State of New York v Intercounty Mortgagee Corp., 87 AD2d 748 ; Matter of State of New York v Citibank, 537 F Supp 1192 [SDNY 1982].) *792 The papers establish … (State of New York v Princess Prestige Co., supra; People v Volkswagen of Am., 47 AD2d 868 ; State of New York v Ginzburg, 104 Misc 2d 292 .)

South Wales Utility, Inc. v. Commonwealth ex rel. State Water Control Board

22 Va. Cir. 16 · Culpeper County Circuit Court · May 11, 1990

(Utility), a Virginia public service corporation, has appealed to this court a decision of the State Water Control Board (SWCB) denying Utility’s application for a Virginia Pollutant Discharge Elimination System permit (permit … erroneously failed to issue a permit because of litigation pending in this court. *17 The SWCB, on recommendation of its staff, denied the permit until litigation in this court in the suit of Homestretch Corporation, et al. v.

Kasarda's Petition

27 Pa. D. & C. 421 · Luzerne County Court of Quarter Sessions · Feb 7, 1936

The court has the right to exercise its sound and judicial discretion in sustaining the board: Raschiatore’s Appeal, 19 Westm. 285; and,the provisions of the statute must be complied with: Browne’s Application, 22 D. & C. … Where there is ample evidence justifying the board in refusing an application, the board will be sustained: Privol’s Appeal, 20 D. & C. 163.

Brinkerhoff v. Tiernan

61 Misc. 586 · New York Supreme Court · Dec 15, 1908

Lewis v. Cook, 150 N. Y. 163 ; Long v. Rodgers, 79 *589 Hun, 441 . … Kerr v. Blodgett, 48 N. Y. 62 ; Brinckerhoff v. Bostwick, 99 id. 185 ; MacArdell v. Olcott, 62 App. Div. 127 .