exemption clause (Virginia) · Go Syfert
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exemption clause in Virginia

8 Virginia opinions name it 3 courts 1912–2016 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Golden Skillet Corp. v. Commonwealthgreen
va · 1973 · cited in 2 Virginia opinions naming this issue, 1980–1999
2 sentences

1999Stated alternately, if the properties do not qualify for this exemption under the rule of liberal construction, they necessarily would not qualify under the rule of strict construction, that is, where taxation is the rule and exemption the exception, because under that rule, “where there is any doubt, the doubt is resolved against the one claiming exemption.” Golden Skillet Corp. v. Commonwealth, 214 Va. 276, 278 , 199 S.E.2d 511, 513 (1973).

1999Stated alternately, if the properties do not qualify for this exemption under the rule of liberal construction, they necessarily would not qualify under the rule of strict construction, that is, where taxation is the rule and exemption the exception, because under that rule, “where there is any doubt, the doubt is resolved against the one claiming exemption.” Golden Skillet Corp. v. Commonwealth, 214 Va. 276, 278 , 199 S.E.2d 511, 513 (1973).

12
Chesapeake & Ohio Railway Co. v. Mosbygreen
va · 1896 · cited in 1 Virginia opinions naming this issue, 1961–1961
1 sentence

1961C. & O. v. Mosby, 93 Va. 93, 94 (1896).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Nathan Gardels v. Central Intelligence Agency green
cadc · 1982
2 sentences

2016“Once satisfied that proper procedures have been followed and that the information logically falls within the exemption clause, courts need go no further to test the expertise of the agency, or to question its veracity when nothing appears to raise the issue of good faith.” Id. at 585 (citing Gardels, 689 F.2d at 1105 ).

2015Gardels, 689 F.2d at 1105 .

32015–2016
Department of Corrections v. Surovell green
va · 2015
1 sentence

2016In the absence of indications of bad faith, the question the Court must resolve is whether “the information logically falls within the exemption clause.” Surovell, 776 S.E.2d at 585 .

12016–2016
American Civil Liberties Union v. U.S. Department of Justice green
dcd · 2003
1 sentence

2016“Once satisfied that proper procedures have been followed and that the information logically falls within the exemption clause, courts need go no further to test the expertise of the agency, or to question its veracity when nothing appears to raise the issue of good faith.” Id. at 585 (citing Gardels, 689 F.2d at 1105 ).

12016–2016
Chicago Real Estate Board v. Mullenbach neutral
· 1913
1 sentence

1931The trial court there sustained the demurrer and the case was reversed by the appellate court and sent back for a new trial, the court in this connection saying : “The encroachments described in the complaint, with the right of continued support so long as they might stand, undoubtedly constituted an incumbrance üpon the property referred to in the policy, for they were matters which might interfere with or prevent the free use and improvement of the property by the owner, and which the owner could not at will remove, and they are not in our opinion exempted from the operation of the policy by

11931–1931
McCarthy v. York County Savings Bank neutral
· 1883
1 sentence

1912He is liable for all injuries resulting from his own negligence, and an exemption clause in the lease will not include such injury.” We find a full and very helpful discussion. of the duties and liabilities of landlord and tenant in the case of McCarthy v. New York County Savings Bank, 74 Maine 315 , 43 Am.

11912–1912

Where else courts name it

CA 76 (1893–2026) PA 39 (1930–2019) IL 38 (1874–2023) NJ 37 (1900–2025) NY 32 (1892–2024) TX 30 (1925–2019) WA 27 (1895–2025) OH 23 (1926–2026) FL 20 (1882–2024) AL 20 (1884–2004) MI 19 (1931–2023) AR 18 (1898–2024) MD 17 (1929–2016) OK 15 (1929–2023) CT 14 (1912–2026) TN 14 (1877–2018) MO 13 (1893–2009) OR 12 (1916–2022) NM 11 (1941–2015) LA 11 (1936–2007) MA 10 (1930–2012) IA 9 (1928–2025) IN 9 (1980–2016) NC 9 (1921–2016) VA 8 (1912–2016) RI 8 (1897–2008) GA 8 (1935–2022) MS 8 (1995–2016) KS 8 (1895–2022) CO 7 (1906–2015) WV 7 (1960–2026) NE 7 (1922–2024) MT 7 (1929–2021) MN 6 (1877–1996) UT 6 (1991–2024) WI 6 (1928–2023) VT 5 (1929–2005) NV 4 (1977–2017) DC 4 (1976–2024) KY 4 (1921–2017) ME 3 (2004–2016) SD 3 (1894–1989) SC 3 (1988–2024) PR 2 (1929–1950) WY 2 (1987–2004) HI 2 (1893–1985) ID 2 (1958–2014) DE 2 (1995–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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