Case law

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 21, 2008

    See, e.g., Bowen v. Hooper , 237 Ark. 250 , 372 S.W.2d 257 (1963). Question 2 — If the answer to question 1 is "yes," what involvement does the county have in this event? … I will note, however, that state law provides for the creation of county "abandoned cemetery registration boards," which may provide for "minimum maintenance" of certain abandoned cemeteries.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 4, 1994

    You indicate that due to lack of space, the Van Buren County Board of Election Commissioners printed each of the four city elections in Van Buren County on a separate ballot from the ballot containing the federal, state, … Spikes v. Compton, 310 Ark. 431 , 837 S.W.2d 459 (1992).

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 17, 1988

    A.C.A. 19-2-104 sets forth this principal in stating in pertinent part under subsection (a): No officer, employee, or agent of the State of Arkansas, nor any board of regents or board of trustees, nor any other person or … Gilbert v. Gilbert Timber Co., 19 Ark. App. 93 , 717 S.W.2d 220 (1986); Ragland v. Allen Transformer Co., 293 Ark. 601 , 740 S.W.2d 133 (1987).

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 6, 2008

    . §§ 6-20-2301 § 2307 (Supp. 2007): (4)(A) Each year the school district shall file with the state board a salary schedule for its certified employees that recognizes a minimum level of training and experience. … See generally Hilton v. Pine Bluff Public Schools , 295 Ark. 397 , 748 S.W.2d 648 (1988).

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 8, 2004

    See, e.g., Autry v. … Anderson v. Creighton, 483 U.S. 635 (1985); Robinson v. Beaumont, 291 Ark. 477 , 725 S.W.2d 839 (1987); Matthews v.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 6, 2001

    See A.C.A. § 19-2-502 (defining an improvement district as a "public entity"); 1 City of Paris v. … title 14 of the Code, entitled "Municipal Improvement Districts Generally," sets forth the procedures for establishing an improvement district as a body corporate invested with the power to contract. 2 In City of Lamar v.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 24, 1997

    See Missouri Pacific Hospital Association v. Pulaski County , 211 Ark. 9 , 199 S.W.2d 329 (1947); School District of Fort Smith v. Howe, supra; Brodie v. … City of Little Rock v.

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  • Opinion No.

    Arkansas Attorney General Reports · May 28, 2009

    A "public entity" includes all government agencies and any "bureau, commission, or agency of the state or any political subdivision of the state, including municipalities and counties, boards of education, and all other boards … See Sebastian County Chapter of American Red Cross v. Weatherford , 311 Ark. 656 , 846 S.W.2d 641 (1993); Op. Att'y Gen. Nos. 97-148 , 96-116.

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 23, 2002

    (2) Are regional solid waste management boards that are created under A.C.A. § 8-6-701 et seq. "local procurement units" under A.C.A. § 19-11-201 et seq. ? … in professional, trade, and other similar associations; (S) Perishable foodstuffs for immediate use or processing; (T) Postage; (U) Professional and consultant services procured in accordance with § 19-4-1701 et seq.; (V)

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 7, 1995

    Quirk, Director State Board of Collection Agencies 523 South Louisiana, Suite 402 Little Rock, AR 72201 Dear Ms. Quirk: This is in response to your request for an opinion on A.C.A. § 4-60-103 and other matters. … See Caldwell v. Jenkins, 42 Ark. App. 157 , 856 S.W.2d 37 (1933) (no fixed formula for setting a reasonable fee). 4. Can a collection agency pass its sales tax cost on to the debtor?

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 18, 2010

    Nos. 2008-057 , 2006-138 and 97-435 (citing Pyle v. Webb , 253 Ark. 940 , 489 S.W.2d 796 (1973) and Jones v. Cheney , 253 Ark. 926 , 489 S.W.2d 785 (1973)). See also Op. Att'y Gen. Nos. 2009-049 and 2008-052. … The participant will have the option of receiving a lump-sum payment equal to the payments to the State Police Drop account, a true annuity, or any other method of payment approved by the System's Board of Trustees.

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 26, 1993

    The court in Brown v.

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 27, 1999

    Nor, in my opinion, is the local board of election commissioners vested with such authority. Such board, being a "ministerial entity" ( State v. … Phillips v. Rothrock, 194 Ark. 945 , 957 , 110 S.W.2d 26 (1937).

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 27, 1987

    Murot v. Arkansas Board of Dispensing Opticians, 285 Ark. 128 , 685 S.W.2d 502 (1985). … Board of Trustees, University of Arkansas v. Pulaski County, 229 Ark. 370 , 315 S.W.2d 879 (1958); Stephens v. City of Springdale, 233 Ark. 865 , 350 S.W.2d 182 (1961).

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 29, 2005

    Jones v. Double "D" Properties, 352 Ark. 39 , 46 , 98 S.W.3d 405 (2003); see also Op. Att'y Gen. 2004-339 . … Feland v. State, 355 Ark. 573 , 577 , 142 S.W.3d 631 (2004).

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  • Opinion No.

    Arkansas Attorney General Reports · May 13, 1988

    Gordon v. Committee on Character and Fitness, 397 N.E.2d 1309 (N.Y. 1979); Shelby v. Alaska Bar Ass'n., 620 P.2d 640 (Alaska 1980); Sargus v. West Virginia Board of Law Examiners, 294 S.E.2d 440 (1982). … Residence requirements for admission to the Board were held unconstitutional in those cases, and by the U.S. Supreme Court in New Hampshire v. Piper, 470 U.S. 274 (1985).

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  • Opinion No.

    Arkansas Attorney General Reports · May 2, 2003

    Accord, Widmar v. Vincent, 454 U.S. 263 (1981). In Lynch v. … See Abington School Dist. v. Schempp, 374 U.S. 203 (1963). Accord, City of Elkhart v.

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 23, 2004

    Chaney v. Bryant, 259 Ark. 294 , 532 S.W.2d 741 (1976); Moore v. Hall, 229 Ark. 411 , 316 S.W.2d 207 (1958). … Bailey v. McCuen, 318 Ark. 277 , 285 , 884 S.W.2d 938 (1994), citing Finn v. McCuen, 303 Ark. 418 , 798 S.W.2d 34 (1990); Gaines v. McCuen, 296 Ark. 513 , 758 S.W.2d 403 (1988); Hoban v. Hall, supra ; and Walton v.

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 6, 2004

    See Director of Bureau of Legislative Research v. Mackrell, 212 Ark. 40 , 204 S.W.2d 893 (1947), citing Nixon v. Allen, 150 Ark. 244 , 234 S.W. 45 (1921). … Moreover, the federal Act required the formation of a state workforce investment board and outlined the responsibilities of that board. See 29 U.S.C. § 2821 .

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 24, 1998

    Burt v. Blumenauer, 299 Or. 55 , 699 P.2d 168 (1985). … A similar booklet was considered in Citizens to Protect Public Funds v. Board of Educ. of Parsippany-Troy Hills Tp., 13 N.J. 172 , 98 A.2d 673 (1953).

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