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Tag Archives: estoppel

Real Property – Ground-Disturbing Activity – Erosion Control Permit – Buried Trash Uncovered – Estoppel — Administrative (access required)

Before respondent began its ground-disturbing project, one of the petitioner-department’s sections issued respondent an erosion and sedimentation control permit pursuant to the Sedimentation Pollution Control Act. This did not estop another of petitioner’s sections from finding that respondent was violating ...

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Administrative – Medicare – Reimbursement – 1995 & 1997 Guidelines – Estoppel – Dated Record – Medical Complexity (access required)

Ojebuoboh v. Sebelius The plaintiff-doctor did not raise the issue of which set of Medicare Guidelines (the 1995 version or the 1997 version) applied until his motion for reconsideration before the Medicare Appeals Council (MAC). Accordingly, the MAC’s adoption of the independent reviewer’s decision to use the 1997 guidelines was not arbitrary, capricious, or an abuse of discretion.

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Criminal Practice – Selective Enforcement Defense – Local Politics – SBI & DA – Estoppel – Theft by Employee   (access required)

State v. Pope Even if the initial investigation into defendant’s activities was motivated by local politics, once it was turned over to the SBI to investigate and the district attorney - a state officer, not an agent of the local government - to prosecute, the case was no longer subject to the control of the local government.

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