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Does this attraction provide visitors with a taste of the local culture?
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The drive is a bit hairy but I love the wild remoteness of Makara. Its an easy walk around the coastline or if you feel energetic, you can walk up to the wind farm. Would not...
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Lovely walk requires reasonable fitness to clamber over some of the rocks after a kilometre or so. It feels just a bit wild. I have walked along the coast then back along the track that is about 500m back from the coast that provided good views of the surrounding countryside. If you don't like wind turbines then don't go.
Makara beach is a really fun place to explore the beach. they have lots of different things to find in amongst the beach and rocks. This has a really neat walk to the top of the hill with a great view of the beach and windmills and you can also see a windmill up close. perfect for family and friends.
Really stunning drive on the way to the ocean, very narrow hairy roads. It would be excellent on a day with a motorbike. I believe this is the town where the movie Bad Taste was filmed back in 1986-87. Really nice place and well worth the visit, although the main reason we went was for Bad Taste!
The drive is a bit hairy but I love the wild remoteness of Makara. Its an easy walk around the coastline or if you feel energetic, you can walk up to the wind farm. Would not recommend this on a windy day as it is steep and dangerous in strong winds.
Rock pools for kids to explore, but the beach...
Nice place off the beaten track to take a walk. Nice drive down through the countryside to get here to. When its windy it really is here and the sea can get up one hell of a swell! It's not somewhere I would come to swim but for a walk to blow away the cobwebs yes. People do fish here...
The wind was off-shore, the winter sun warm. We went just a short way. We could see divers out in the water with spear guns. The water is very clear. Others were fishing off the beach.
We have been staying at Te Whare Iti just up the road. Another great spot listed on airbnb.
Pleasant natural area, with beach and coastline walks with views, and nearby wind turbines (love them)
The beach is awesome. There is no public transportation, so you need to have your own ride. If you want to spend a weekend at the beach on a sunny weekend, this is the perfect place for family. You could also go up to see the WWII bunkers at the top of the hill. If you want to do this,...
Give me a white sandy beach any day but there is something about Makara which makes it one of my favourite beaches. It is stony and at times wind swept, but when a southerly hits ironically it can become very calm. Over the summer is has been gorgeous and the swimming has been great. We often take our small boat...
It's not the most beautiful beach, it's exposed so if it's Windy - don't bother. There were few people surfing when we went out - however I went for the walk up the cliff -and yes, can be scary at times, so again, don't go if you're a scardy pants as parts are around a bit of cliff. However, it's...


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Hotel and Motel #224913 posted Jan 26, 2011
- Columbia, South Carolina, United States
- Available On Request
Brand name Hotel/Motel located in and excellent high traffic area.
Nationally Branded Hotel SC #271824 posted Nov 29, 2011
- South Carolina, United States
- $1,400,000
Nationally branded hotel located on the East coast. This is a fifty five interior room hotel and has a two bedroom suite located inside for owner or manager. If you live in the suite and work the property you would have no living expenses.
Franchise Motel on Extremely Busy Highway #369691 posted Nov 22, 2014
- Alabama, United States
- $1,265,000
Located on the busiest N/S highway in town. Two bedroom apartment for owner/operator 88 Guest Rooms; 2 Story; Exterior Corridor Land- 2.7+/- Acres Outdoor Pool
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Principal and Chief Marketing Officer
Alan See CMO Temps, LLC
Interim, Part-Time or Project-Based: My focus will be on building a content-based sales lead generation program that is supported by a well designed social media strategy. Why use a temporary Chief Marketing Officer? 1. You need executive level marketing leadership now, but don't have the 6 months or longer it will take your HR department to find the perfect fit. 2. You need someone to "make it happen" immediately. Not someone who needs to ramp up and play to the political landscape. 3. You can't financially commit to a full-time W2 CMO who has the skills and experience you desire. 4. Your organization needs help understanding how to use social media. And you've realized that a marketing intern is not a smart answer to that very complex problem. Need digital expertise at the board level? With digital talent the most prominent board member challenge is often the stark generation gap. I have the experience and social media knowledge to close that gap. References: DocuStar - Chief Marketing Officer = firstname.lastname@example.com • Increased monthly online leads by 275% • Increased Twitter followers over 650% • Increased Twitter followers of key executives from 300 to over 30K • Increased Klout score over 70% Dayton Sharks - Strategic Social Media Marketing Advisor • Increased Twitter followers 700% (2X the # of last yrs CIFL champ) • Increased FB "Likes" 5,800 • Increased Klout score 25% • Average Unique Clicks (email mktg): 4.5% (31% > industry avg) • Season Ticket Sales: Sales up 38% even with price increase • Box Office Sales: Sales up 1,818% even with box office ticket price increase • Group Sales: 20% increase • Promotional Ticket Product Sales: 100% increase • Home Opener Merchandise Sales: 166% increase • Sponsorship: 20% increase from returning advertisers MindLeaders - CMO • Created over 3,000 sales leads in 3 months at CPL of < $40. • Increased Twitter followers over 500% • Increased Klout score over 54% • Increased LinkedIn Group members over 220%


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Для получения актуальных цен по гостинице Artua & Solferino, пожалуйста, укажите интересующие вас даты и выполните поиск.
You'll be centrally located in Turin with a stay at Artu? & Solferino, minutes from Santa Cristina and Galleria Civica d'Arte Moderna e Contemporanea. This family-friendly hotel is within close proximity of Piazza San Carlo and Galleria San Federico.
Заезд: 12:00
Выезд: 10:00
Раннее заселение и поздний отъезд по возможности (услуга может быть платной).
Этажей: 3
Номеров: 26
|Описание номеров
|Make yourself at home in one of the 26 air-conditioned rooms featuring minibars. Rooms have private balconies. Complimentary wireless Internet access keeps you connected, and digital programming is available for your entertainment. Private bathrooms with showers feature rainfall showerheads and complimentary toiletries.
Rec, Spa, Premium Amenities
Make use of convenient amenities such as wireless Internet access (surcharge), babysitting/childcare (surcharge), and a television in the lobby.
Enjoy a bite to eat at a coffee shop/caf?, or stay in and take advantage of the hotel's room service (during limited hours). Quench your thirst with your favorite drink at a bar/lounge.
|Обратите внимание
|Featured amenities include limo/town car service, a computer station, and express check-in. For a surcharge, guests may use a roundtrip airport shuttle (available on request) and a train station pick-up service.


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India Sidewalk Drawing (Kolam / Rangoli)
Kolam, also known as Rangoli, is a form of painting that is drawn using rice powder. Using geometrical line drawing composed of curved loops, drawn around a grid pattern of dots. It is widely practised by female Hindu family members in front of their homes to welcome visitors and bring luck and prosperity to the family.
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- Crafted from blended cotton, this grey melange t-shirt by Bodybasics is one of those staple pieces that ensure both comfort and style. The crew neck short sleeved pattern and the 'I am not a morning person' printed front make it a great addition to your loungewear collection.
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text: Follow the story of our city's changing schools. Chalkbeat is exploring an expansion to Detroit. Sign up for our email newsletter for a roundup of local education news every week, like us on Facebook, or follow us on Twitter. We'll keep you posted on our progress bringing Chalkbeat to Detroit.


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Chaka Khan is experiencing a well-deserved career resurgence lately and looking good while doing so. She may have blown out 59 candles on her birthday cake this year, but the iconic diva's recent weight loss has made her the object of adoration again. At the recent BET Awards, she was part of a stellar Whitney Houston tribute, putting the stamp on her signature song "I'm Every Woman" which Houston famously covered in 1993. This weekend, at the 18th annual Essence Music Festival, Khan will be part of another special tribute immediately following the closing night performance from Aretha Franklin.
Khan, Faith Evans, Syleena Johnson, Monifah Carter, Nicci Gilbert and KeKe Wyatt will perform a 60-minute tribute to the fallen stars of R&B to close out the Essence Festival. These ladies, with the exception of Khan, are starring in an upcoming reality show "R&B Divas" on TV One, which premieres on August 20th.
'R&B Divas' was created to help instigate balance. We are mothers, wives [and] positive women first," says Gilbert." 'R&B Divas' will prove beyond a reasonable doubt that we can captivate an audience without hurting them."
Khan, born Yvette Marie Stevens in Chicago, is the musical godmother to these divas, enjoying a well-deserved new spotlight after a career that has spanned 4 decades. (In fact Khan celebrates her 40th year in the business next year.) Without her contributions to music, none of the abovementioned divas might have a career today. While Aretha and Gladys mined the R&B landscape with their extraordinary vocal gifts, Khan ushered in a new category, becoming the First Lady of Funk in both her career with the band Rufus and in her subsequent solo career. Her music combined elements of gospel, jazz, R&B and funk and over her career she's won 10 Grammys and recorded songs written by both Prince and Stevie Wonder.
Khan will be honored for her activism at the McDonald's 365 Black Awards held this Thursday at the Mahalia Jackson Theater in New Orleans. The 9th annual event honors African-American leaders in entertainment, business, activism and more. T.D. Jakes, Tamia and Grant Hill, a teenage inventor and a youth empowerment activist will all be award recipients this year. Fred Hammond and Mary Mary are among the performers and CNN and TJMS correspondent Roland Martin will do red carpet commentary.
"This year's 365Black Award honorees showcase an incredible range of talent, intellect and leadership," said Rob Jackson, U.S. marketing director, McDonald's USA. "From a high school student blazing new paths in medical technology to a legendary spiritual leader who motivates millions of people every day, McDonald's is proud to honor and recognize all 2012 recipients for their extraordinary contributions that positively impact communities across America and the world, 365 days a year."
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
1. Little Legend and Puddy 😍😍😍😍Source:Instagram 1 of 30
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormalSource:Instagram 2 of 30
3. Vegan! The Impossible burger at CrossroadsSource:Instagram 3 of 30
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutritionSource:Instagram 4 of 30
5. Jus haaaanngin outSource:Instagram 5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳Source:Instagram 6 of 30
7. No limits... Photo cred: Chris Bridges @ludacrisSource:Instagram 7 of 30
8. new newSource:Instagram 8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWithSource:Instagram 9 of 30
10. hey ma! 🎎#wcw 💙Source:Instagram 10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USASource:Instagram 11 of 30
12. 😍❤Source:Instagram 12 of 30
13. Peachy Keen 🔥✨⚡Source:Instagram 13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFlySource:Instagram 14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!Source:Instagram 15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -Source:Instagram 16 of 30
17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!Source:Instagram 17 of 30
18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?Source:Instagram 18 of 30
19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤Source:Instagram 19 of 30
20. #BrotherlyLove #tbtSource:Instagram 20 of 30
21. MoreSource:Instagram 21 of 30
22. #basel #TeamLOVE @kingcombsSource:Instagram 22 of 30
23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfridaySource:Instagram 23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeonSource:Instagram 24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriendSource:Instagram 25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!Source:Instagram 26 of 30
27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍Source:Instagram 27 of 30
28. This pic warms my heart ❤ #myLogiebeans and aunt aunt umba @itowandabraxton 😘Source:Instagram 28 of 30
29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18Source:Instagram 29 of 30
30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernellSource:Instagram 30 of 30
One thought on "Chaka Khan's On Top"
Congrats!!! You look Good!!!Keep up the good work. Don't you ever let your self go like that again. You have a pretty smile and face.


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STATE BANK OF TRAVANCORE RTGS HO Branch in CHERUKAVU - Address, IFSC, MICR Code
SBTR0000443MICR Code
CHERUKAVU ADBContact
P.B.NO.1 AYIKKARAPADY P.O. 673637 firstname.lastname@example.com
What is IFSC Code of STATE BANK OF TRAVANCORE situated at CHERUKAVU ADB- RTGS-HO?
IFSC Code of STATE BANK OF TRAVANCORE situated at CHERUKAVU ADB - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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- Détails
- Avis
Langues de l'excursion
Points forts
- Explorez les rues de la ville lors d'une visite à pied
- Flexibilité d'adaptation de l'itinéraire à vos préférences
- Conseils avertis d'une personne de la région
- Circuit tout compris
- Plusieurs horaires proposés par jour
- Plusieurs menus au choix
After hotel pickup, follow in the footsteps of Russian history, hospitality and the most delicious food in the city through Central Moscow.
Begin with historical downtown and stroll around the oldest and most beautiful streets of Moscow - Kuznetsk Bridge, Petrovka Street, Kamergersky Lane, Stoleshnikov Lane and Mokhovaya Street. Expect architecture from different eras, the monument to the founder of Moscow, Moscow Mayor's house and the Russian State Library, the biggest in Europe and one of the biggest in the world. It's all about the scenery and the urban landscape. And the local food.
Meal in Korchma – traditional Russian/Ukrainian food (Monday through Friday), or casual Teremok, the most popular Russian cafe among locals (weekends).
Korchma is well known for its wonderful atmosphere, interior and food. Enjoy the best Russian and Ukranian traditions in one place. Your sample lunch will include:
Podolsky Salad, unbelievably juicy and crispy salad with cucumbers, tomatoes, radishes, cauliflower, carrots and greens
Potato gullets with mushrooms and spinach
Chicken soup with noodles
Spring salad with cucumbers, radish, eggs, green onions, lettuce and mayonnaise
Chicken schnitzel with stewed cabbage
(The menu is subject to change. Vegetarian option available)
Back to Moskva, as we stroll around Kitay Gorod, see Bolshoi and Maly Theaters, Hotel Metropol, Kitay Gorod wall, old historical downtown of Moscow, and other historical landmarks of Moscow. Get ready to get lost in the grand Eliseevsky Gastronom grocery. Insider's tip: don't leave without trying a chocolate kartoshka cake.
A snack in either a Georgian or Siberian restaurant:
1. Tbilisi snack in traditional Georgian restaurant.
Possible options here:
- Khachapuri with compote (Russian sweet drink from berries)
- Baklava, an Eastern sweet made form puff pastry, honey and walnuts.
2. Snack in Altai restaurant, Siberian cuisine with old Russian traditions.
Possible options here:
- Traditional Russian pancakes with the main ingredient of your choice – rustic sour cream, home made jam, Altai honey
- 3 kinds of little pies: 1. with sauerkraut, carrot, salt, pepper, eggs; 2. with potatoes and mushrooms; 3. with potatoes, onions, mushrooms, salt, pepper, eggs.
Burn off the good lunch with a historical walk. Finish your food tour with a walk along one of the main and oldest streets of Moscow – Tverskaya Street or Pyatnitskaya Street.
Your guide will drop you off at your hotel or any central place you wish. If you fancy the best pastry in Moscow, your guide will take you to Bulochka Briosch bakery with mouthwatering authentic pirogi and pirozhki, as well as croissants and eclairs.
Calendrier détaillé
Sélectionnez un mois pour afficher le calendrier des disponibilités et le détail des départs.
Informations tarifaires
Cliquez sur le lien ci-dessous pour vérifier le prix et la disponibilité pour la date de voyage qui vous intéresse. Nos tarifs sont constamment mis à jour afin que vous puissiez toujours bénéficier du meilleur prix possible.
Informations supplémentaires
Food tour moscow, moscow food tour, moscow tour
- All taxes
- Pre-selected menu options based on your preferences
- Private tour
- Friendly local guide
- Customized itinerary
- Flexibility during the tour
- Iconic places for photo shoots
- Hotel pickup and ptional drop-off by foot
- Expert local advice on where to go and what to do after the tour
- Extra food and drinks, not in the set menu options
- Gratuities (optional)
- Confirmation will be received at time of booking
- Operates in all weather conditions, please dress appropriately
- Please advise any specific dietary requirements at time of booking
- Vegetarian option is available, please advise at time of booking if required
- Private walking tour with use of the metro
- A moderate amount of walking is involved
- Please indicate your preferred start time in comments when booking
- The tour can be modified to meet your preferences
Conditions dannulation
Si vous annulez de 3 à 6 jours avant la date de départ prévue, des frais d'annulation de 50 % seront appliqués.
Si vous annulez au moins 2 jours avant la date de départ prévue, des frais d'annulation de 100 % seront appliqués.


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Code MASSABOUTIQUE: 85607
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This elegant shoulder bag by Tory Burch in 100% matelassé leather with a front flap and snap button.Characterised by the brand logo and a detachable charm, this bag has got a golden chain as shoulder strap.
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Holidays & Occasions
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4 servings, one burger (196 g) each
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Serve with Kraft Rancher's Choice Dressing and your favorite fresh vegetable dippers, such as bell pepper strips.
* Nutrition information is estimated based on the ingredients and cooking instructions as described in each recipe and is intended to be used for informational purposes only. Please note that nutrition details may vary based on methods of preparation, origin and freshness of ingredients used.
I added a tablespoon of medium salsa and a teaspoon of balsamic vinegar and they were SUPER AWESOME...next time I'll use the grill and make the burgers smaller. Husband absolutely loved them...different flavours in every bite! Thanks!
Instead of using the shake-n-bake, I used bread crumbs with some epicure spices. Also, we BBQ'd these instead of pan-fried. The result... YUMMY.


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7763 Suzanne Drive North Charleston SC 29418 MLS# 16001392 - North Charleston SC Real Estate
843-225-7007 - call to view this property today!
7763 Suzanne Drive - $47,500
North Charleston, SC 29418
Forest Hills
MLS # 16001392 - Residential Real Estate
7763 Suzanne Drive is a 2 bedroom, 2 bathroom brick town home with a wood burning fireplace in the family room. 7763 Suzanne Drive is located in the Forest Hills subdivision in North Charleston near the Charleston air force Base and Boeing. 7763...
View the Full Details and Schedule a showing of this home in North Charleston
Call 843-225-7007 for info
Please contact us if you have any questions or comments.


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Saks High School Alumni
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What is this site?
- Send messages to alumni
- View SHS Alumni Profiles
- Share your memories
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Click on the Yearbooks below to view a copy Online at Classmates.com®. If you don't see your class's yearbook, check out our yearbook page.
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If you know someone who graduated from SHS in Anniston, AL that has passed away, you can create a memorial for them.
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- Jason Johnson
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- John Caldwell
- Class of 2000 Christopher Rollins
- Nick Doleman
- Class of 1992 Mahatna Adams
- Keith Stewart
- Class of 1990 Monica Haynes
- Class of 1971 Janice Reaves Jennings
- Class of 2008 Morgan Whetstone
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- Class of 1963 Judy Cotton
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The alumni of Saks High in Anniston, Alabama are encouraged to use this site to relive their time in high school by sharing with former students and teachers of Saks High School. Don't forget to upload your Saks High School pictures and check on the latest info about any Saks High School reunion. While you are reminiscing about the times you spent in high school at Saks High School, you should also check out alumni photos, yearbook listings and share any reunion info if possible.


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October 30, 1963
Frank ENTEL and Goldie Entel, Plaintiffs,
Ira GUILDEN et al., Defendants
Plaintiffs Frank and Goldie Entel are, and during the period complained of were, holders of warrants issued by defendant Atlas Corporation ('Atlas'), an investment company which, at all times pertinent to the complaint, was registered under the Investment Company Act of 1940.
These warrants entitle holders to purchase shares of Atlas common stock at a fixed price ($ 6.25), which no limit on the period during which the option may be exercised.
The warrants are negotiable; indeed, they are listed and actively traded on the American Stock Exchange and are also traded on the Pacific Coast Stock Exchange. When the market price of the stock is higher than the warrant price, therefore, the market value of the warrants is close to the difference between the market price of Atlas common and the fixed price for which Atlas common can be purchased with the warrant.
If the value of Atlas common declines, the value of the warrant declines by substantially the same sum until the stock sells on the market for near or under its warrant price,
at which point the value of the warrant is solely dependent upon expectations of a future rise in value of the stock. An Atlas warrant, thus, can be fairly described as a 'distilled' share of Atlas common -- the sweet liquor of speculation concentrated with some of the dregs of investment 'responsibility' left behind.
Plaintiffs seek to recover, for the benefit of Atlas, commissions on insurance contracts which were made by Atlas and its subsidiaries. These commissions were received by the defendant Waldo M. Hatch, and by John C. Paige & Company, Inc. ('Paige'), an insurance brokerage company of which Hatch was president, a director, and a substantial stockholder, and which acted as broker for Atlas in placing the insurance contracts. Plaintiffs allege that Hatch and the other individual defendants constituted the board of directors of Atlas at the times complained of, that thus the receipt by Hatch and Paige of commissions from the insurers for their services was unlawful under Section 17(e)(1) of the Investment Company Act of 1940 ('the Act') (15 U.S.C. 80a-17(e)(1)), and that the amount of such commissions should be accounted for and returned to Atlas.
It is further alleged that all members of the Atlas board of directors knew or should have known of the illegality of the payments, and that therefore they violated their fiduciary duties by permitting the insurance contracts for which the commissions were paid to be made; no request for relief, however, is made against the directors other than Hatch.
Upon the basis of answers made by plaintiffs to interrogatories, which show plaintiffs to be warrant holders only, and not stockholders, defendants other than Atlas
have moved to dismiss under Rules 12(c) and 23(b) of the Federal Rules of Civil Procedure, or, in the alternative, for summary judgment under Rules 56 and 23(b) of the Federal Rules of Civil Procedure. The theories relied upon by defendants in making these motions are that there is no private right of action for the benefit of an investment company under Section 17(e) of the Act, and that if there be such a right, it cannot be exercised in a derivative suit by those who do not hold stock.
First there will be considered defendants' contention that plaintiffs' claim is vitiated by the plain language of Rule 23 of the Federal Rules of Civil Procedure. Rule 23(b) states in part:
'In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated * * * the complaint * * * shall aver (1) that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law * * *.'
Defendants' reliance upon Rule 23(b) of the Federal Rules of Civil Procedure for the proposition that plaintiffs must be stockholders is misplaced. Plaintiffs' claim for relief is essentially based upon substantive law enacted by Congress. Whether the law accords warrant holders a right to sue on behalf of an investment company is a matter not substantially affected by the Federal Rules, which do not 'abridge, enlarge or modify any substantive right.'
Thus, it has been held that, notwithstanding Rule 23(b), the question of who is a stockholder for the purpose of suit is to be determined by substantive state law,
and that stock ownership need not have existed at the time of the wrong sued upon if such law does not so require.
Any significance of Rule 23(b) to this question, therefore, would be not that it rules out a derivative action by a warrant holder but that it is an expression of the generally accepted proposition that only shareholders may bring derivative suits.
The rationale, of course, for this rule is that, since each shareholder has a separate right to a share of corporate property upon dissolution, the interest of each shareholder in corporate assets, including choses in action, is 'proprietary'. Because the shareholder thus 'owns' pro rata his share of the corporate assets, he may sue to protect his proprietary interest when corporate management fails or refuses to do so. This rationale for derivative litigation, however, is weakened, if not vitiated, by the fact that, prior to liquidation at least, one of the few direct incidents of proprietorship over corporate assets which a shareholder may exercise is that of maintaining such derivative suits; thus, to speak of proprietorship tends merely to describe the practice in different words.
A more meaningful reason for allowing derivative suits by shareholders is that such suits provide a means of protection against 'insiders' who wrongfully injure the corporation, but who, because of their controlling positions, are capable of preventing the corporation itself from bringing suit. It is in this context, then, that it is necessary to inquire further into the distinctions between stock and these warrants in order to determine whether a similar or a different degree of such protection is appropriate.
One of the chief economic functions of a corporation, obviously, is to facilitate aggregations of capital. To further this function, there has developed a broad range of modes of investment within the corporate framework. Each such mode is a bundle of legal rights and duties; the market price for each bundle is no doubt determined at least in part by what the bundle contains. Thus, courts should act with conservatism in changing the content of any of these bundles in ways which would give the holders of some bundles less, and holders of other bundles more, than was bargained for in the marketplace.
Thus, however tautological the dogma that shareholders are the only 'owners' of a corporation, and hence the only class of security holders who may bring derivative actions for the benefit of the corporation, the exercise of this dogma is presumably a factor in the price differentials between stock prices and those of other securities such as warrants. It is to protect those who relied upon this state of the law, rather than to protect any legal fiction, that the law should remain stable in this area, and should, moreover, when entering analogous areas, achieve a like allocation of rights in the absence of strong countervailing considerations.
On the other hand, warrants are used, as they are by Atlas Corporation, as a separate form of equity in corporations. Presumably, this usage stems from a desire of the investment community for what here has been called 'distilled stock', offering more risk and more potential gain per dollar than common stock. The creation of varied modes of investment -- different sized bundles of rights -- which are calculated to encourage the total flow of capital into corporate aggregations should be facilitated in a society which depends largely upon the gathering of private capital to achieve economic expansion. Therefore, if equity content is poured into the mold of warrants by investors and investment bankers, the courts should not be reluctant to deny a measure of protection to holders of warrants which is adequate to sustain such use of the form. In other words, some protection should be afforded to a class which provides permanent capital in an enterprise as against wrongful acts by those who manage the enterprise. The economic function of this protection is to retain and encourage the availability of such capital. The facts that warrants traditionally, albeit somewhat loosely, have been deemed more akin to options than to shares of stock and that only holders of the latter class of security have usually instituted derivative suits cannot and should not bar this court from assessing the features of these warrants which render them essentially equity securities and the concomitant legal rights of their owners.
The inquiry, then, perforce leads us to consideration of the nature and purposes of the Investment Company Act of 1940 in order to determine whether there is a right enforceable by private action under Section 17(e), and whether, if there is such a right, the vindication thereof is so analagous to the typical derivative suit coming under Rule 23(b) that the sanctions of that Rule ought to apply here as a matter of policy.
Section 17(e) (15 U.S.C. § 80a-17(e)) provides, in part, that:
'It shall be unlawful for any affiliated person of a registered investment company, or any affiliated person of such person --
'(1) acting as agent, to accept from any source any compensation (other than a regular salary or wages from such registered company) for the purchase or sale of any property to or for such registered company or any controlled company thereof, except in the course of such person's business as an underwriter or broker; * * *.'
Section 43 (15 U.S.C. § 80a-44) provides, in part, that:
'The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this subchapter or the rules, regulations, or orders thereunder, and, concurrently with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this subchapter or the rules, regulations, or orders thereunder.'
Thus, neither § 17(e) nor the general jurisdictional section expressly limit the vindication of rights and the enforcement of duties created by the Act to actions by the Securities and Exchange Commission. When a private duty is created by statute to benefit those engaged in certain activities, a member of the benefited class may maintain an action to enforce the duty. There is no doubt but that Section 17(e) was designed to protect such a special class; this may be seen from the declaration of policy in Section 1(b) of the Act:
'It is declared that the national public interest and the interest of investors are adversely affected --
'(2) when investment companies are organized, operated, managed, * * * in the interest of directors, * * * or other affiliated persons thereof * * * or persons engaged in other lines of business, rather than in the interest of all classes of such companies' security holders;
'(4) * * * when investment companies are managed by irresponsible persons;
'It is declared that the policy and purposes of this subchapter, in accordance with which the provisions of this subchapter shall be interpreted, are to mitigate and, so far as is feasible, to eliminate the conditions enumerated in this section which adversely affect the national public interest and the interest of investors. * * *'
There are, moreover, repeated instances of private actions being allowed generally under the Securities Acts and Rules in the absence of specific statutory provisions therefor.
It seems clear, then, that a private right of action can arise under Section 17(e)(1).
From the face of the Act itself, as quoted above, the purpose in making certain actions, including those in Section 17, 'unlawful' was to protect the interests of those risking their capital in investment companies who would be hurt by the overreaching of insiders. As noted at the outset, warrant holders could be damaged in their investment by about the same dollar value per share as stockholders; indeed, it can be said that such a damage would be a greater proportion of their total investment than in the case of stockholders. Moreover, the definition of 'security' in Section 2(a)(35) of the Act (15 U.S.C. § 80a-2(a)(35)) explicitly includes any 'warrant or right to subscribe to or purchase' any stock.
The Act is broadly remedial, and circumscribes the investment company business with laws and regulations to an extent exceptional even in the highly controlled securities field. The law of investment companies is, therefore, now a specialized subject, and is generally recognized as such. General expectations as to the rights otherwise allocated to stock and warrant holders thus should not have carried over to the investment company area as strongly as they may have in other areas, especially in light of the identical treatment given to stocks and warrants as 'securities' by the plain terms of the 1940 Act.
Particularly in view of the strongly expressed intent of the Investment Company Act to benefit 'investors' and 'all classes of security holders', the balance of economic policy lies with permitting this claim to be heard. I hold, then, that Section 17(e) creates a private right of action for the benefit of an investment company which may be exercised secondarily by plaintiffs as the holders of the warrants in question.
The motions to dismiss and for summary judgment are denied. So ordered.
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Zillow Digs
As spring picks up steam, patio season and alfresco dining return at last. Ready your backyard for BBQ guests by cleaning and perking up your outdoor furniture. Wicker chairs can be cleaned with a scrubber, and rusty metal can handle a wire brush. A can of spray paint will go a long way toward putting a fresh face on a surprising range of patio pieces.
Related: 12 Ways to Wake Up Your Tired Patio Furniture
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As for navigating the corporate world, Abalu told a story about how a supervisor once admonished her because she didn't "let people [tell] her what to do" and suggested that she ask, "What do you think?" at the end of all her emails. After that experience, she promised herself "never to ask for permission" to express who she is.
Carter also explained how she turned a setback on its head. A few years back, she wanted to run for a City Council seat in the Bronx but soon learned how "dirty" politics can be. "There are much bigger things I could work," said Carter, who worked creatively to effect change in other ways. Now she points to her many awards, including a Peabody for her public radio show, as vindication.
"I love that kind of failure," she said.


text:
"Welcome To Our FREE PDF Featuring All The Recipes From RecipeThis.com During November. Get Our Recipes BEFORE They Are Published Or Just Enjoy A Nice Monthly Cookbook For FREE"
These are all favourite family recipes using our best kitchen gadgets. Enjoy recipes with our Air Fryer, Slow Cooker & Soup Maker. Forget feeding the kids at a seperate time or bland and boring meals when these recipes are about!
If you are not convinced then glance down below to see what recipes are included in this free recipe ebook:


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The Naira on Tuesday exchanged at N320 to a Dollar,it traded against the Pound Sterling and the Euro at N450 and N358 respectively at the parallel market.
Today's exchange rate stipulates a decline by 1 naira to dollar,the Nigerian currency traded at 319 per dollar on Monday after experiencing massive fluctuation through out last week.
ALSO READ World Bank President Arrives Nigeria For A 3 Day Visit
Meanwhile, the Nigerian currency maintained N199 to the greenback at the official Central Bank of Nigeria (CBN) rate.
Traders at the market remained resolute that the Naira would soon firm up against other currencies as China and Nigeria strengthened trade relations.
The CBN had expressed optimism that the currency swap deal between Nigeria and China would strengthen the Naira and reduce high demand for the greenback in the country.
The Industrial and Commercial Bank of China Ltd (ICBC), the world's biggest lender, had signed a deal with the CBN on Yuan transactions during President Muhammadu Buhari's visit to Beijing.


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Michele Marie Bachmann(Rep)
Contact Information
Telephone:202-225-2331 (Main phone number)
Telephone:651-260-4648 (Main campaign number)
Candidate Background
Birth place:Waterloo, IA
Residence:Stillwater, MN
Religion:Evangelical Lutheran
First Elected:
District:District 6
Status:Not seeking re-election
Next Election:2014
Undergraduate education: Winona State University
Graduate education: College of William and Mary
Graduate education: Oral Roberts University
Michele Bachmann was born in Waterloo, Iowa, and now lives in Stillwater, Minn. She earned a bachelor's from Winona State University and law degrees from Oral Roberts University and the College of William and Mary.
She worked on the presidential campaign of Democrat Jimmy Carter, but grew disenchanted with the Democratic Party.
She and other parents started a K-12 charter school in Stillwater, and she began speaking against a state-mandated set of educational standards, which propelled her into the world of politics.
Bachmann spent five years as a federal tax litigation attorney before she was elected to the Minnesota Senate in 2000, where she served two terms.
She was elected to the U.S. House in 2006. She ran unsuccessfully for the Republican presidential nomination in 2012, but decided to seek a new term in Congress.
Bachmann and her husband, Marcus, own a small business mental health care practice in Stillwater. They have five children and have cared for 23 foster children.
Michele Bachmann is ready to test the well-worn adage about not being able to go home again.
In 2011, she was a contender for the Republican presidential nomination, but her campaign ended in a whimper on Jan. 4, 2012, after she came in last in the Iowa caucuses. She has since set her sights on a return to Congress from her conservative Minnesota district.
Bachmann is no stranger to the spotlight, a product of her edgy comments and steady presence on cable talk shows. She riles up a loyal conservative base with strong condemnations of President Barack Obama and his congressional allies.
Her comments sometimes push the bounds of accuracy, which provokes blowback from inside her party and out. But she's learned to harness criticism against her to fuel a powerful fundraising machine.
Bachmann came to Washington in 2007 after spending six years in the Minnesota Legislature. In Congress, she co-founded the House Tea Party Caucus.
She first jumped into national view during a 2008 appearance on MSNBC's "Hardball with Chris Matthews" when she suggested that Obama "may have anti-American views."
Bachmann survived the ensuing controversy, winning re-election that year by 3 percentage points over Democrat El Tinklenberg, even though some $1.8 million poured into his campaign after her comments. National Democrats spent $1 million on advertising in the race, while cash-strapped national GOP groups pulled their money out.
In summer 2012, her allegations that the fundamentalist Muslim Brotherhood had infiltrated the U.S. State Department drew rebukes by prominent Republicans and Democrats. Bachmann didn't back down and used the incident to convince donors she was under attack.
Bachmann's 2010 re-election bid in Minnesota's most conservative district received the support of former Alaska Gov. Sarah Palin and she cruised to victory over a state senator. In 2012, she faces Democratic first-time candidate and hotelier Jim Graves.
Bachmann first got involved in politics over school issues, but became known in Minnesota as a lightning rod on gay marriage. She brought the state Senate to a halt in 2004 with demands for a floor vote on a constitutional amendment outlawing same-sex unions.
In her abbreviated bid for the White House — she won the Iowa GOP's straw poll but finished last in its leadoff caucuses — she talked more about fiscal issues than social ones. She advocates for lower taxes, and she voted against Obama's major initiatives, especially his signature health care law. She strongly opposed the agreement worked out by Congress and the White House to raise the debt ceiling and avoid a default.
In 2008, she voted against the $700 billion financial industry bailout under then-President George W. Bush.
Committee Assignments: Financial Services; Select Intelligence
American Conservative Union Rating: 95
Americans for Democratic Action Rating: 0
Michele Bachmann is not seeking re-election in 2014.
(Last updated by The Associated Press on August 13, 2014.)


text:
The practice of making freshmen wear caps on campus at NC State is something we've chronicled over the years, as well as students' concerns about it in the 1920s and 1930s.
But it turns out that it wasn't a black-and-white issue. It was on this day in 1924 that NC State's student government added a nuanced caveat to the requirement with a new designation.
Section 6 of the Freshman Rules outlined that any man who had registered for the first time and was taking more than one-half freshmen coursework had to wear the cap. That is unless he was designated a "special student."
"The Council interprets the term 'Special Student' to mean a student who is without entrance requirements — but who is permitted to enter college because of his mature age and who selects special courses with a very definite vocational aim, and who is designated by the College authorities as a student of 'Special Class' and is not classified as a Freshman," The Technician reported.
A list of names of those who were exempt accompanied the new addendum to the rule in the paper, as did a warning to those who were not attending assemblies.
"The Council also wishes to call attention to the deplorable falling off in attendance at the college assemblies," the article stated. "These meetings are very beneficial and everybody on the campus should make it a point to attend every one of them. It the attendance does not increase there is a great danger of the college being forced to resort to some method of compulsory attendance, which no one wants."


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Henrico names McDowell as fire chief
Anthony E. McDowell has been named the new chief of the Henrico County Division of Fire, effective Oct. 20. County Manager Virgil Hazelett made the announcement Oct. 10.
McDowell, who has been serving as battalion chief of administration in the Henrico Division of Fire, will succeed Edwin W. Smith, who retired in September after five years as fire chief.
As fire chief, McDowell will oversee a department with 539 employees, including more than 500 state-certified firefighters, and a budget of $49.6 million for fiscal 2012-13.
The Division of Fire provides fire protection and prevention services and is the primary provider of emergency medical services in Henrico. The department manages 20 fire stations and a training facility and covers an area encompassing 244 square miles. It also operates a regional hazardous materials team and provides technical rescue, ground search and water rescue. The Division of Fire responded to more than 39,000 calls in fiscal 2011-12.
McDowell joined the Division of Fire in 1997 as a firefighter. He later rose to fire lieutenant and fire captain before becoming battalion chief of administration in 2011. He holds a bachelor's degree in geography from Virginia Tech and a master's degree in public administration from the University of North Texas. He is a member of the International Association of Fire Chiefs, Virginia Fire Prevention Association, Virginia Chapter of the International Society of Fire Service Instructors and Central Virginia All Hazards Incident Management Team. He is certified as an executive fire officer by the U.S. Fire Administration and a chief fire officer by the International Association of Fire Chiefs.
Villa's Flagler Housing wins national NAEH award
St. Joseph's Villa's Flagler Housing & Homeless Services was one of three entities to earn the National Alliance to End Homelessness' Champion of Change Award. The awards were presented Nov. 17 during a ceremony at the Newseum in Washington, D.C.
NAEH annually recognizes proven programs and significant achievements in ending child and family homelessness.
Flagler completed its transition from an on-campus shelter to the community-based model of rapid rehousing in 2013, and it was one of the nation's first rapid re-housing service providers to be certified by NAEH. > Read more.
RIR's Christmas tree lighting rescheduled for Dec. 12
Richmond International Raceway's 13th annual Community Christmas tree lighting has been rescheduled from Dec. 6 to Monday, Dec. 12, at 6:30 p.m., due to inclement weather expected on the original date.
Entertainment Dec. 12 will be provided by the Laburnum Elementary School choir and the Henrico High School Mighty Marching Warriors band. Tree decorations crafted by students from Laburnum Elementary School and L. Douglas Wilder Middle School will be on display. Hot chocolate and cookies will be supplied by the Henrico High School football boosters. > Read more.
Weekend Top 10
It's going to be a cold weekend so if you're headed out to the James River Parade of Lights or the Richmond Road Runners Club Toy Run 5K in Innsbrook, you'd better bundle up! If you're looking for some indoor ways to celebrate the holidays, check out Three-Penny Theatre's production of "A Christmas Carol: A Ghost Story for Christmas" or "To Drive the Cold Winter Away: An Irish Celebration of the Returning Light" at the Unitarian Universalist Community Church in Glen Allen. Also this weekend – the Henrico Theatre will show the holiday classic "Home Alone." For all our top picks this weekend, click here! > Read more.
Sensitive Santa to visit Regency Square
Henricus 'Hops' event about more than beer
Henrico Police arrest, charge 18-year-old with murder
McShin Foundation earns reaccreditation
Henrico's Winter-Spring 2017 program guide now available
- More News
Print Edition
Dec. 1, 2016Click here to read the print edition.
Weekend Top 10
Weekend Top 10
Restaurant Watch
Weekend Top 10
Cultural Arts Center announces winter/spring class schedule
- More Entertainment
Obituary – Samantha Anne Griffin
Obituary – Georgia Carrie Rasmussen Greaney
Obituary – Glenn D. Nichols
- More Obituaries
Villa's Flagler Housing wins national NAEH award
RIR's Christmas tree lighting rescheduled for Dec. 12
project:HOMES' 'Renew Crew' helps Henrico citizen
- More Community
Thanksgiving, Part II
Storm woes for e-junkies
'Good old days' were good – for some
- More Opinions
RIR to admit children 12 and younger free next year
Henrico teams win district, state championships
Varina HS to host Basketball Skill Development Academy June 20-23
- More Sports
Place an Ad | More Classifieds
CalendarJewish Family Theatre will present "Company" Dec. 8-18 at the Weinstein JCC. From musical theatre's most renowned composer, Stephen Sondheim, "Company" is regarded as a trailblazer of the dark-comedy, modern-musical genre and is the winner of seven Tony Awards. All performances are at 7:30 p.m. except for Sunday matinees which are at 2 p.m. Tickets are $20 for JCC members, $30 for nonmembers and $15 for seniors, students and groups of 10+. For details, visit http://www.weinsteinjcc.org. Full text


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APPEAL from the Circuit Court of Cook County; the Hon. B. FAIN
TUCKER, Judge, presiding.
The village of Wilmette has perfected this appeal from a judgment of the circuit court of Cook County which declared its zoning ordinance unconstitutional and void as applied to a certain parcel of land, title to which is in the plaintiff, Chicago Title and Trust Company, as trustee, and authorized the use of the property for the construction and operation of a gasoline filling station, subject to enumerated restrictions relating to the structure, advertising devices, illumination and business hours. Although we find no certification by the trial judge that the validity of an ordinance is involved and that the public interest requires a direct appeal to this court, (see: Ill. Rev. Stat. 1961, chap. 110, par. 75(I)(c),) a constitutional question is involved so as to give us jurisdiction to entertain the appeal. La Salle Nat. Bank of Chicago v. County of Cook, 12 Ill.2d 40.
The subject property is located at the southwest corner of the intersection of Skokie Boulevard and Lake Avenue which is near both the northern and western village limits. Lake Avenue runs due east and west, while Skokie Boulevard, at this point, runs diagonally in a general southeast to northwest direction and intersects Lake at an angle of approximately 30 degrees. Both carry four lanes of traffic and, at the intersection, traffic lights, cut-offs and islands have been installed at all four corners. Plaintiff's parcel is, roughly, triangular in shape, with most of its frontage (300 feet) abutting on the west side of Skokie, and consists of the east half of lot 6, cut-off and rounded at the north end, and a fragment of lot 5 of Butler's Subdivision, which lots, at one time, were rectangles fronting on Lake. Their fragmentation occurred in 1934 when the State of Illinois condemned land diagonally through the western half of the village for the construction of what is now Skokie Boulevard. Since that time the subject property, as well as the land at the southeast corner of the intersection, has been vacant. Both lots comprising the irregular tract, (which contains about 28,000 square feet,) were formerly zoned for single-family residence purposes but, by a comprehensive ordinance adopted October 20, 1959, their classification was changed to that of a "group house district." The real parties in interest, whose title is held by the plaintiff-trustee, purchased that portion of lot 6 which makes up the disputed tract in May, 1955, and the portion of lot 5 in August, 1957.
About two blocks west of the subject property Lake Avenue crosses over the Edens Expressway at right angles, via an overpass. Cloverleafs constructed at the overpass connect Lake with the expressway and it appears that this is the only point of access to and egress from the expressway in the village. The result has been extremely heavy traffic on Lake which is building up year by year. Skokie is also a heavily traveled thoroughfare and traffic counts taken in 1959 and 1960 showed that in the neighborhood of 25,000 vehicles pass through the Lake-Skokie intersection in the course of 24 hours. For the years 1957 through 1960 there have been, respectively, 25, 14, 25 and 19 accidents at the intersection.
Running northwesterly from its intersection with Lake, Skokie Boulevard also crosses over the Edens Expressway a quarter of a mile away at the northern village limit. Within the confines of the triangle formed by Lake, Skokie and Edens there is a tract of land the extreme southeast portion of which is directly opposite, across Lake, from the rounded northern end of plaintiff's land which abuts on Lake. Located in the latter triangle is one of the cloverleafs for the Edens-Lake intersection, and occupying the balance of the 23-acre tract is the Edens Plaza Regional Shopping Center composed of 23 to 25 retail businesses of varying sizes and parking facilities for approximately 1200 cars. The stores in the area operate all day each day, except Sunday, and three nights a week. Throughout the parking area, which is the specific part of the business district across from plaintiff's land, there are lights which are illuminated on nights the center is open. Until February 16, 1954, this land was also zoned for single-family residence purposes but, on the day named, the village enacted an ordinance withdrawing it from such classification and granting to Carson, Pirie, Scott & Company, the privilege of operating a shopping district thereon.
At the northeast corner of the intersection, "kitty-corner" from plaintiff's land, there is an 8-acre tract occupied by the Thalmann Nursery, from whence there is sold and displayed various kinds of nursery products, gardening supplies and equipment, gifts, pet supplies and the like. In addition, the tract has a parking area to accommodate 70 cars. This business has been conducted there at least since 1945 and while the record is silent as to its zoning history, the village, on the same night it enacted the Carson ordinance, passed another ordinance granting to Thalmann and his wife, their heirs, executors, devisees and assigns, the right to use the 8 acres for agricultural purposes as a nursery, for the sale of nursery products and for the operation of a landscape business. We note in passing, however, that by the comprehensive zoning ordinance adopted in October, 1959, the Thalmann property was included in an area zoned for single-family residences, so that its present status is apparently that of a legal nonconforming use.
As previously noted the southeast corner of the intersection is vacant and has always been vacant, the land consisting of a small triangle left by the diagonal construction of Skokie Boulevard in 1934.
On the south side of Lake Avenue, extending a block east from the intersection to Hibbard Road, there are four small, modest priced bungalows and then a vacant lot at the corner of Lake and Hibbard. Across the street, on the north side of Lake and extending east from the Thalmann land, is a group of six small bungalows, all of which have been erected since the shopping center was built. From Lake and Hibbard eastward, the Lake Avenue frontage is, with few exceptions, developed by single-family residences for several miles.
Going north from the Lake-Skokie intersection, the shopping district occupies the west side of Skokie all the way to the northern village limit while, on the east side, to the north of the Thalmann property, there is a church and then some residences, all of the latter being separated from Skokie by a high board fence and oriented in such a way as to have their back lots facing the highway and their front lots facing on streets away from the highway.
Immediately west of the subject property, along the south side of Lake Avenue, screened by trees, bushes and shrubs, is an old bungalow. Adjacent to this is a story-and-a-half 2-flat building owned by one Schulemann, who operates a landscaping business therefrom, and photographs show that the yard is used for parking trucks and kept in an untidy condition. To the west of the Schulemann property is a vacant lot, approximately 150 feet wide, and next to it is a single-family residence which abuts on Lavergne Avenue to the west and is directly opposite the Lake Avenue entrance to the shopping center. From that point on the west side of Lake is taken up by the Edens Expressway and one of the cloverleafs leading thereto; beyond the expressway, extending to the village's western limit, both sides of Lake are zoned and used for commercial purposes.
Adjoining the plaintiff's land on the south, and extending along the west side of Skokie for about 1500 feet is a residential development known as Wilcrest Manor, which has been built since the development of the shopping center and the heavy traffic pattern at Lake and Skokie. The residences in this subdivision are all constructed so as to face away from the subject property, from Skokie Boulevard, and from the Schulemann and other properties on the south side of Lake heretofore described. And apart from the "facing away," the subdivision is shielded from Skokie, the subject property and the other properties abutting on Lake by a 7-foot stockade fence which traverses the northern and eastern sides of the subdivision. It will be recalled that a portion of plaintiff's land is the east half of lot 6 and, if we interpret the exhibits properly, the stockade fence at this point passes along what would be the boundary between the east and west halves of lot 6. On the opposite side of the fence, where it is adjacent to plaintiff's land, there are the backyards of three residence properties. The purpose of the fence, according to the builder of the subdivision, was to isolate the subdivision from the property to the north, (i.e. the plaintiff's property and the properties along the south side of Lake,) which he considered inferior from a residential standpoint, and to protect children residing in the subdivision from the heavy traffic on Skokie.
The subdivision ends at Hibbard Road, and to the south of that point, along the west side of Skokie, there is a series of newly built "group houses," again oriented away from Skokie and separated by a high board fence; then about a block of vacant property to Central Avenue. Between Central and Wilmette Avenue is a series of new, small, modest priced houses, the only residential buildings in the village constructed to face on Skokie. The corner of Wilmette and Skokie is commercial, there being a drug store and a gasoline station on the west side thereof.
Going back to the Skokie-Lake intersection and proceeding south along the east side of Skokie there are: the small, vacant, triangular parcel previously described; a commercial property known as Hammond Gardens, another landscape garden business; a new "group house" development oriented away from Skokie and isolated by another high board fence; an animal hospital continuing for a considerable distance south of Hibbard Road; vacant property extending to Central Avenue, at which point there is one house on Central facing away from Skokie; and then vacant property extending to the Wilmette-Skokie intersection, where there is a gasoline station on the northeast corner.
It would unduly prolong this opinion for no beneficial purpose to detail the testimony of all the witnesses who testified in the case, or to describe the many helpful exhibits received into evidence. In substance, however, expert witnesses testified on behalf of the plaintiff that the subject property was unfit for residence purposes, and that its proper use would be for business and commercial purposes, due to its irregular shape, to the extreme traffic conditions at the intersection, and to the commercial uses already in existence at two corners of the intersection; that it would be economically unfeasible to improve the property with group housing; that the value of the subject property was approximately 5 to 7 times its value for residence purposes; and that, due to the other commercial uses in the area and the manner in which the subject property has been isolated from the residential development to the south, the commercial use of the property would have a minimal economic effect upon the surrounding properties. Defendant's experts, to the contrary, were of the opinion that the highest and best use of the property was for residential purposes; that traffic at the intersection, while dangerous, would not deter the residential use of the corner; that the greater public good requires the subject property to be developed with group housing so as to serve as a buffer between the single-family residences to the south and the business district to the north; and that the intended commercial use of the property would reduce the value of the adjacent properties, particularly the three residences whose back lots abut the plaintiff's tract. Other experts testified for defendant that to permit a gasoline station to be operated from the subject property would increase the traffic congestion and accident hazards in the Lake-Skokie intersection.
The rules governing the validity of zoning ordinances are familiar and undisputed. For a particular classification to be upheld it must bear a reasonable relation to the public health, safety, comfort, morals or welfare, and one who challenges its validity has the burden of proving it to be arbitrary and unreasonable. (Gregory v. City of Wheaton, 23 Ill.2d 402.) And although a zoning ordinance may be valid in its general aspects, yet in some circumstances involving a particular piece of property it may be so clearly arbitrary and unreasonable as to result in confiscation in violation of the constitutional rights of the owner. (Petropoulos v. City of Chicago, 5 Ill.2d 270.) In determining whether or not a zoning ordinance is arbitrary, unreasonable or capricious in its application to a given parcel of land, among the factors to be taken into consideration are the character of the neighborhood, existing uses and zoning of nearby property, the amount by which property values are decreased, the extent to which the diminution in value promotes the public health, safety, morals or welfare, the relative gain to the public as compared with the hardship imposed upon the individual property owner, the suitability of the subject property for the purpose for which it is zoned, and the length of time the property has remained unimproved, considered in the context of the land development in the area. (Myers v. City of Elmhurst, 12 Ill.2d 537.) No single factor is controlling but each must receive due consideration, and the fact that there may be a difference of opinion among expert witnesses as to the scope and impact of the various factors does not require a finding that the reasonableness of the ordinance is debatable. (Hartung v. Village of Skokie, 22 Ill.2d 485.) And though there is a presumption of validity in favor of zoning ordinances, where it is clearly and affirmatively shown that a particular ordinance is unreasonable and confiscating in its application, we will not hesitate to declare it unconstitutional. Northern Trust Co. v. City of Chicago, 4 Ill.2d 432.
Applying the accepted tests to the testimony and exhibits in the record, it is plainly apparent that plaintiff's property has little suitability or value for the purpose for which it is zoned. The tremendous volume of traffic at the intersection and the extensive commercial uses at two of its corners are factors which in themselves do much to cause the property to be unfit and undesirable for residence purposes and demonstrate the unreasonableness of the classification. Indeed, those building residence properties in the immediate area have taken great pains to orient and isolate their properties away from the traffic and commercial uses, a course all but denied plaintiff by the manner of development, and in so doing have arbitrarily placed plaintiff's land in a position where it takes its character from the commercial uses of the properties at the intersection similarly situated. We have consistently held that zoning ordinances restricting an area to residential use are void as applied to property within the area which is so situated in relation to a commercial zone as to render it peculiarly unattractive and of little value for residential use. Krom v. City of Elmhurst, 8 Ill.2d 104; Petropoulos v. City of Chicago, 5 Ill.2d 270.
Significant also in this case is the circumstance that, despite a marked residential building boom in the immediate area and two different types of residential classification, the subject property has remained vacant and has attracted no buyers for residential purposes for a period in excess of 25 years, dating from 1934 when the lots composing it were fragmented by condemnation for Skokie Highway. (Cf. Tews v. Woolhiser, 352 Ill. 212.) Defendant insists, however, that the vacancy factor may not properly be considered here in the absence of affirmative proof by plaintiff negating the possibility that the alienation and development of its land had been forestalled by estate, tax or similar litigation. While we are constrained to remark that the burden of proving such matters would logically rest on the defendant, the argument overlooks the proof which shows conveyances of the land and the testimony that it had been posted for sale in the year immediately prior to this suit, during which only commercial buyers expressed any interest in the property.
A zoning ordinance must find its justification in the promotion of the public, health, safety, morals or welfare, and defendant, while agreeing that plaintiff's property is not an ideal residential location, contends that the residential classification is reasonably related to the public welfare and safety in that it will serve to preserve the values of nearby residence properties, and will prevent traffic hazards that would attend the proposed commercial use of plaintiff's land. Evidence bearing on the first ground shows, in substance, that the ordinance substantially diminishes the value of plaintiff's property and, countrariwise, due to the presence of existing commercial uses and the manner in which new residential construction has been developed, that the use of the property for a gasoline station would have either uncertain or minimal depreciating effect on some nearby residence properties, while enhancing the values of others. Stated otherwise, the hardship to the plaintiff is plain and uncontradicted, while the gain or hardship to nearby property owners is uncertain and minimal and presents little justification for the extreme confiscation of value worked upon the plaintiff's land by the residential classification. Where the public interest is nonexistent or insignificant and the opposing private interest will suffer great injury, we are committed to the tenet that the zoning ordinance is unreasonable and, hence, is violative of due process and equal protection guarantees. Dalkoff v. City of Rock Island, 17 Ill.2d 342; Langguth v. Village of Mount Prospect, 5 Ill.2d 49; Bullock v. City of Evanston, 5 Ill.2d 22.
Nor do we find that traffic conditions at the intersection afford a rational basis for discrimination against the plaintiff's property. While it is the defendant's contention that cars coming and going from the gas station would increase the congestion and accident hazard at the intersection, the same would be true of cars going to and from group housing with the result that the residential classification is not necessary to the end that congestion and accident hazard may be lessened or avoided in any appreciable degree. (Cf. Exchange Nat. Bank of Chicago v. County of Cook, 6 Ill.2d 419; Petropoulos v. City of Chicago, 5 Ill.2d 270.) We would add, too, in looking to the reasonableness of defendant's regulation, that the same considerations did not deter it from permitting, by special ordinance, a commercial use of the Thalmann property located at the northeast corner of the intersection.
Both to sustain its ordinance and to undermine the position of plaintiff to attack it defendant advances the interrelated contentions, first, that purchasers of adjoining property had a right to rely upon the rule that the zoning classification of the subject property would not be changed unless the change was required for the public good and, second, that plaintiff, having purchased its land at residential prices in face of the residential classification may not be heard to attack the reasonableness of the ordinance. As to the first proposition, however, it may be said that adjacent property holders also acquired their property knowing that the classification was subject to constitutional limitations as it applied to other properties, (cf. Bohan v. Village of Riverside, 9 Ill.2d 561; Stratford Aire Ass'n v. Hibser, 26 Ill. App.2d 214;) and as to the second, we have held many times that one who purchases property in the face of a pre-existing classification, while not occupying a favorable position, may attack the validity of such restriction and reap the benefits of its removal. (See: People ex rel. Chicago Title and Trust Co. v. Reiter, 25 Ill.2d 41, 46; La Salle Nat. Bank v. City of Evanston, 24 Ill.2d 59, 64; Trust Company of Chicago v. City of Chicago, 408 Ill. 91, 101.) As was stated in the early zoning case of Forbes v. Hubbard, 348 Ill. 166, 176: "* * * the purchaser of property after the passage of a zoning ordinance stands in the place of his grantor, and where the grantor had a right to test the validity of the ordinance such right exists in his grantee."
Considering the entire record we do not find that the master or the chancellor placed undue emphasis on particular factors, or omitted consideration of others, and, for the reasons stated, conclude that defendant's ordinance is unconstitutional and void as applied to plaintiff's property. Accordingly, the judgment of the circuit court of Cook County is affirmed.
Judgment affirmed.
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decided: March 24, 1982.
CRUCIBLE STEEL, INC., PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND GLADYS MARIE MORRIS, RESPONDENTS
Appeal from the Order of the Workmen's Compensation Appeal Board in case of Gladys Marie Morris, widow of Sargeant McDowell v. Crucible Steel Co., No. A-79288.
David N. Rutt, Greenlee, Richman, Derrico & Posa, for petitioner.
Edwin H. Beachler, McArdle, Caroselli, Spagnolli & Beachler, for respondent.
Judges Rogers, Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Blatt. Judge Palladino did not participate in the decision in this case. Concurring Opinion by Judge Rogers. Judge Williams, Jr., joins.
[ 65 Pa. Commw. Page 416]
This is an appeal from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of occupational disease benefits to Gladys Marie Morris (claimant), the widow of Sargeant York McDowell (decedent).
The decedent received workmen's compensation benefits for a disability resulting from an occupationally related lung disease contracted while in the employ of Crucible Steel, Inc. (employer), from December 2, 1974 up until the time of his death on November 22, 1977. The claimant filed a fatal claim petition and, following hearings, the referee granted benefits. In doing so, he relied upon the testimony of Dr. J. D. Silverman, the claimant's medical witness, that "the most significant cause" of the decedent's death was silicosis with resulting complications of chronic asthmatic bronchitis and pulmonary emphysema, which resulted from the decedent's employment in the pottery and steel industries. Because of the claimant's subsequent
[ 65 Pa. Commw. Page 417]
remarriage, the award was limited to 71 weeks. The Board affirmed the referee and this appeal followed.
Where the party with the burden of proof has prevailed below, our scope of review, and that of the Board, when it takes no additional evidence, is limited to determining whether or not there has been an error of law or a violation of constitutional rights and whether or not the referee's findings of fact are supported by substantial evidence. Custom Concrete Corp. v. Workmen's Compensation Appeal Board, 52 Pa. Commonwealth Ct. 331, 415 A.2d 989 (1980).
The employer asserts that the Board erred as a matter of law in affirming the referee's finding that silicosis with accompanying pulmonary complications was "the most significant cause" of death. It argues (1) that the characterization of silicosis as "the most significant cause" does not satisfy the requirement of "death resulting from" an occupational disease set forth in Section 301(c)(2) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(2), and (2) that the award of benefits was not supported by substantial evidence in the record.
To prevail in a fatal claim petition which alleges that death resulted from an occupational disease, the claimant must satisfy Section 301(c)(2) of the Act by demonstrating by competent medical evidence that death resulted from an occupational disease as opposed to a showing that the disease was merely a contributing factor in causing the decedent's death. McCloskey v. Workmen's Compensation Appeal Board, 58 Pa. Commonwealth Ct. 29, 427 A.2d 288 (1981); Hauck v. Workmen's Compensation Appeal Board, 47 Pa. Commonwealth Ct. 554, 408 A.2d 585 (1979). The fact that the decedent had been receiving disability benefits up until the time of his death is not of moment here because the mere presence of an occupational
[ 65 Pa. Commw. Page 418]
disease does not, per se, satisfy the causation burden that must be met by a claimant who seeks to successfully establish that death resulted from an occupational disease. Elliott v. Workmen's Compensation Appeal Board, 57 Pa. Commonwealth Ct. 70, 425 A.2d 885 (1981); Manuel v. N.L. Industries, 50 Pa. Commonwealth Ct. 279, 412 A.2d 912 (1980).
The claimant's medical witness testified that silicosis, with resulting pulmonary complications, was "the most significant cause of his death." The physician, by his use of the superlative degree in distinguishing silicosis from other potential causes of death, indicated that he considered silicosis to be the primary cause of death. The words, "most significant cause" imply direct causality as opposed to pronouncements such as "major contributing factor," Elliott, "contributed in a substantial or significant manner," Refosco v. Workmen's Compensation Appeal Board, 57 Pa. Commonwealth Ct. 74, 425 A.2d 887 (1981), or "contributed to and accelerated," Manuel, all of which have been found to be insufficient to meet the direct causality requirement of Section 301(c)(2). We believe that the characterization made by the material witness here, however, did employ language sufficiently strong in import to meet the standard of causation set forth in Section 301(c)(2) of the Act.
The employer's second argument that the findings were not supported by substantial evidence must also fail. The employer contends that the referee disregarded the substantial competent evidence provided by the employer's medical witness and by the hospital records, and relied instead upon the incompetent evidence of the claimant's medical witness. Dr. Silverman's testimony is alleged to be incompetent because some earlier hospital records and test results had not been available to him for consideration when formulating his medical opinion, but he based his testimony
[ 65 Pa. Commw. Page 419]
upon his examination of the decedent at an earlier date*fn1 and upon the hospital records from the decedent's crucial final hospital admittance in November 1977. He did, therefore, review the hospital records relevant to this claim and his failure to review all extant records and test results in arriving at his opinion does not, therefore, render his testimony incompetent but goes only to the weight and credibility to be accorded it, and such determinations are within the province of the referee. Ricciardi v. Workmen's Compensation Appeal Board, 34 Pa. Commonwealth Ct. 316, 383 A.2d 571 (1978).
The employer further asserts that the referee failed to give proper consideration to the November 1977 hospital records which indicated that death was due to cardiac failure and to the testimony of both parties' medical witnesses to the same effect. It is the function of the referee to resolve conflicts in medical testimony and in so doing, he may accept or reject the testimony of any witness, including a medical witness, in whole or in part, Bowes v. Inter-Community Action, Inc., 49 Pa. Commonwealth Ct. 612, 411 A.2d 1279 (1980), and neither the Board nor this Court may disturb a referee's resolution of conflicting medical testimony which is supported by substantial competent evidence. Katz v. Evening Bulletin, 485 Pa. 536, 403 A.2d 518 (1979). Dr. Silverman testified that upon examining the decedent, he had made a diagnosis of occupationally-related chronic asthmatic bronchitis and pulmonary emphysema resulting from "pneumoconiosis, namely silicosis." Upon cross-examination Dr.
[ 65 Pa. Commw. Page 420]
Silverman testified that, based upon his examination of the decedent and upon the November 1977 hospital records, it was his opinion that the decedent's pulmonary condition was "the most significant cause" of death. Dr. Silverman did not, as the employer alleges, testify that he considered cardiac failure to be the cause of death, but rather merely stated that the final diagnosis as noted in the hospital records was "congestive heart failure and enlarged heart with underlying chronic lung disease." The proper test for the legal sufficiency of expert medical testimony on the issue of causation is that the expert must testify that in his professional opinion the result in question came from the cause alleged. Ricciardi. Dr. Silverman's testimony, upon which the referee relied, that in his opinion occupationally-related silicosis was "the most significant cause" of the decedent's death, was, therefore, sufficient to meet the standard of proof required under the Act.
We will affirm the order of the Board.
And Now, this 24th day of March, 1982, the order of the Workmen's Compensation Appeal Board in the above-captioned matter is affirmed;
And It Is Further Ordered That judgment be entered in favor of the claimant, Gladys Marie Morris, and against Crucible Steel, Inc., self-insured, at the rate of $106.00 per week beginning on November 22, 1977 and continuing through April 2, 1979, inclusive, a period of 71 weeks in the total amount of $7,526.00 with interest at the rate of ten percentum per annum.
All payment of compensation shall cease on April 3, 1979, the date of the claimant's remarriage.
Crucible Steel, Inc., self-insured, is directed to reimburse the claimant for funeral expenses in the amount of $750.00.
[ 65 Pa. Commw. Page 421]
Crucible Steel, Inc., self-insured, is further directed to reimburse the claimant's counsel for the following reasonable costs incurred:
Dr. J. D. Silverman report, appearance
and testimony $225.00
Susan C. Thoma, Reporter
Dr. Silverman's deposition 89.00
Jean Likar, Reporter
Dr. Shively's deposition 18.05
East Liverpool City Hospital
hospital records 27.00
Attorney fees, as agreed upon between the claimant and her counsel, in the amount of $1,505.20 are approved and Crucible Steel, Inc., self-insured, is directed to deduct said amount, plus the $50.00 costs for a report from Dr. R. W. Beatty which was not entered into the record, from the deferred compensation due the claimant and forward it directly to the claimant's attorneys of record.
All payments of interest and the remaining compensation in the total amount of $5,970.80 shall be paid directly to the claimant and forwarded to her by first class mail.
Judge Palladino did not participate in the decision in this case.
Concurring Opinion by Judge Rogers:
[ 65 Pa. Commw. Page 422]
I concur in the result. The writer was not a member of the panels which decided Elliott v. Workmen's Compensation Appeal Board, 57 Pa. Commonwealth Ct. 70, 425 A.2d 885 (1981), Refosco v. Workmen's Page 422} Compensation Appeal Board, 57 Pa. Commonwealth Ct. 74, 425 A.2d 887 (1981); Vargo v. Workmen's Compensation Appeal Board, 57 Pa. Commonwealth Ct. 77, 425 A.2d 888 (1981) holding that Section 301(c)(2) of the Workmen's Compensation Act must be interpreted as allowing benefits for death resulting from occupational disease only where the disease "in and of itself" could have resulted in the death and that death to which occupational disease is only a contributing cause or death as the result of the aggravation of a pre-existing condition by occupational disease are not compensable. Being a member of this panel provides the occasion for the writer to note his disagreement with the holdings just described and for expressing the opinion that Section 301(c)(2), being identical in wording to Section 301(c)(1),*fn1 should be identically interpreted, that is, as providing compensation where occupational disease has contributed to or, by aggravation of the pre-existing conditions, caused disability or death. We also note that the holding in this case is a departure from the rule of the cases cited because the phrase "the most significant cause" clearly implies the presence of other causes and therefore the decedent's silicosis was simply a "contributing" cause of his death.
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