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31 Aug 2010, 3:50 am
Vesting health insurance rightsHandy v Schoharie County, Appellate Division 244 A.D.2d 842In the Handy case, the Appellate Division said a legislative body may adopt of a resolution that alters a retiree's health insurance benefits and that such a change can be legally applied to people who retired prior to the vote to change benefits.In December 1995, the Schoharie County Board of Supervisors adopted three motions changing its policy with respect to its providing… [read post]
20 Aug 2020, 8:00 am by ernst
That taxonomy may have influenced the Supreme Court’s analysis of patents in Oil States Energy Services v. [read post]
14 Feb 2014, 10:29 am
The landowner's actions relying on a valid permit must be so substantial that the municipal action results in serious loss rendering the improvements essentially valueless" (Town of Orangetown v Magee, 88 NY2d at 47-48; see Glacial Aggregates LLC v Town of Yorkshire, 14 NY3d at 136; People v Miller, 304 NY at 109; Matter of RC Enters. v Town of Patterson, 42 AD3d at 544; People ex rel. [read post]
25 Jun 2011, 10:15 pm by royblack
His most famous speech comes from the case of Burden v. [read post]
14 Feb 2014, 10:29 am by Silverberg Zalantis LLP
The landowner's actions relying on a valid permit must be so substantial that the municipal action results in serious loss rendering the improvements essentially valueless" (Town of Orangetown v Magee, 88 NY2d at 47-48; see Glacial Aggregates LLC v Town of Yorkshire, 14 NY3d at 136; People v Miller, 304 NY at 109; Matter of RC Enters. v Town of Patterson, 42 AD3d at 544; People ex rel. [read post]
17 Jun 2010, 11:45 am by Silverberg Zalantis LLP
In Matter of Jones v Town of Carroll the court found that landfill operations were similar to mining operations and therefore the Court's recent holding in Glacial Aggregates LLC v. [read post]
20 Mar 2011, 9:57 am by Daniel Suhr
“The executive power shall be vested in a governor” proclaims Article V, Section 1 of the Wisconsin Constitution. [read post]
27 Sep 2016, 2:46 pm
Water that is diverted for purposes of irrigation, however, 'is not deemed severed and thus remains [realty]' (13 Witkin, supra, § 91, p. 113); 'In the case of water for irrigation, delivered in ditches or pipes, the severance does not take place at all'.In a usually overlooked part of People v. [read post]
5 Jul 2012, 3:37 am by Stephanie Smith, Arden Chambers.
Neuberger LJ held that: a)     at the time of Miss Hickin’s mother’s death, “the tenant” (in this context a joint tenant) for the purposes of s.87 had not died, only one of the people comprising “the tenant” had died”; b)     the 1985 Act specifically contemplated the possibility of a secure tenancy vesting by operation of survivorship (see s.88(1)(b)); c)     albeit the contrary submission was attractive on the facts of Miss Hickin’s case, it was… [read post]
9 Nov 2016, 11:19 am
.' The question before us is whether trial courts are vested with discretion to decide whether a judge is available under section 1538.5(p), and if so, what limitations constrain that discretion.What we hold is that although trial courts possess broad discretion to distribute business within their courts and make determinations concerning the availability of judges, that discretion must be exercised in a manner consistent with constraints imposed by section 1538.5(p). [read post]