Case law

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

McClendon v. Board of Health, 141 Ark. 114 , 216 S.W. 289 (1919). See also Ops. Att'y Gen. 95-296 ; 93-095; 92-045; 91-383; and 91-283 (applying art. 19, § 3 to appointive city offices). … McClendon v. Board of Health, 141 Ark. 114 , 216 S.W. 289 (1919) (applying the requirement to an appointed city manager). In my opinion, therefore, an appointed city treasurer must be a qualified elector of the city.

Opinion No.

Arkansas Attorney General Reports · Feb 1, 1995

Att'y Gen. 90-181 (copy enclosed); Rubens v. Hodges, 310 Ark. 451 , 837 S.W.2d 465 (1992); and Davis v. Holt, 304 Ark. 619 , 804 S.W.2d 362 (1991). … See A.C.A. § 7-5-207 (a), which provides as follows: (a) All election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name

Opinion No.

Arkansas Attorney General Reports · Jul 16, 1991

. § 20-13-201 et seq. (1987 Supp. 1989)), and who are authorized to perform services set forth in rules and regulations promulgated by the State Board of Health pursuant to that act. … See, e.g., Wilcox v. Safley Const. Co. 298 Ark. 159 , 766 S.W.2d 12 (1989) (legislative intent must be discerned from the language employed if a statute is clear and unambiguous on its face).

Opinion No.

Arkansas Attorney General Reports · Oct 7, 1996

See generally Chandler v. … Each situation will of course vary, highlighting the difficulty of drawing any across-the-board conclusions.

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1994

See Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Society of Sisters, 268 U.S. 510 (1925), Board of Education v. Barnette, 319 U.S. 624 (1943); Prince v. Massachusetts, 321 U.S. 158 (1944). … Ware, 551 N.Y.S. 2d at 172 , citing Keyishian v. Board of Regents, 385 U.S. 589 (1967).

Opinion No.

Arkansas Attorney General Reports · Jan 19, 2000

. § 14-284-208 (b) (Repl. 1998), which states: The members of the board of commissioners of fire protection districts formed after July 3, 1989 or converted from suburban improvement districts, under this subchapter shall … It is my opinion that the answer to this question is "no," in accordance with A.C.A. § 14-284-208 (c), which provides that: [v]acancies occurring on the board because of resignation, removal, or otherwise shall be filled

Opinion No.

Arkansas Attorney General Reports · May 29, 2003

Henderson, 491 So.2d 647 (La. 1986); Gantt v. State 675 A.2d 581 (Md.App. 1996); State v. Claborn, 879 P.2d 169 (Okl.Cr. 1994); State v. Summers, 592 N.E.2d 905 (Ohio App. 8 Dist. 1990). … See Yarbrough v. Witty, 336 Ark. 479 , 987 S.W.2d 257 (1999); Lawhon Farm Servs. v. Brown, 335 Ark. 272 , 984 S.W.2d 1 (1998); Citizens To Establish A Reform Party v.

Opinion No.

Arkansas Attorney General Reports · Oct 29, 1998

Att'y Gen. 92-128 (discussing § 7-7-103 and the case of Swiderski v. … State v. Craighead County Bd. Of Election Comm'rs, 300 Ark. 405 , 410 , 779 S.W.2d 169 (1989).

Opinion No.

Arkansas Attorney General Reports · Jun 12, 1990

Such authority is likely conferred on the school district board of directors in A.C.A. 6-13-620 (12) (Supp. 1989). … Sturdivant v. Farmington, 255 Ark. 415 , 500 S.W.2d 769 (1973).

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

RESPONSE In my opinion, nothing prohibits the Carroll County Fair Board from constructing and operating a horse-racing track under the circumstances you have described. … In Longstreth v.

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2010

Id. at-301 (Supp. 2009); Bradley v. Bruce , 288 Ark. 342 , 705 S.W.2d 431 (1986); Op. Att'y Gen. 91-272 . … Bob Cole Bail Bonds, Inc. v. Howard , 307 Ark. 242 , 244 , 819 S.W.2d 274 (1991); Bolden v. Watt , 290 Ark. 343 , 719 S.W.2d 428 (1986).

Opinion No.

Arkansas Attorney General Reports · Oct 20, 2000

Similarly, in Conway Corp. v. … of that board or commission to define a professional service as used in this subchapter. (2)(A) It shall be defined by a motion or resolution of the board or commission.

Opinion No.

Arkansas Attorney General Reports · Sep 10, 2008

Compare Equal Access Education v. Merten , 305 F. Supp. 2d 585 , 601-08 (E.D. … DeCanas v.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

Brimer v. Arkansas Contractors Licensing Board, 312 Ark. 401 , 405 , 849 S.W.2d 948 (1993). By the same token, as the Supreme Court recently observed in Bush v. … I believe this interpretation is consistent with the judicial recognition that courts can interfere with a board's direction of a school district's operations only upon a showing of clear abuse of discretion.

Opinion No.

Arkansas Attorney General Reports · Apr 20, 1994

This provision pertains to financial disclosure statements which school board members and candidates for school boards, as well as members of certain municipal and county boards and commissions, are required to file pursuant … See A.C.A. 13-10-106(2)(C)(iv) (v).

Opinion No.

Arkansas Attorney General Reports · Feb 17, 1994

Filmtec Corp. v. Allied-Signal Inc., 939 F.2d 1568 , 1572 (Fed. Cir. 1991); City of Holland v. Township of Fillmore, 363 Mich. 38 , 108 N.W.2d 840 , 842 , 843 (1961); Rikard v. … See also Sims v.

Opinion No.

Arkansas Attorney General Reports · Feb 28, 2000

Wilkins v. City of Harrison, 218 Ark. 316 , 236 S.W.2d 82 (1951). An ordinance must not be arbitrary, capricious, or unreasonable. Johnson v. Sunray Services, Inc., 306 Ark. 497 , 816 S.W.2d 582 (1991). … See Garrison v. City of Alpena, 234 Ark. 170 , 350 S.W.2d 690 (1961) (a city has the authority to pass local traffic ordinances to regulate, warn or guide traffic upon highways within its jurisdiction); 1 Whittaker v.

Opinion No.

Arkansas Attorney General Reports · Jan 16, 1992

Although the case of State Medical Board v. … In Campbell v. State, 300 Ark. 570 , 781 S.W.2d 14 (1989), the Arkansas Supreme Court specifically overruled State Medical Board v.

Opinion No.

Arkansas Attorney General Reports · Oct 9, 1998

Tappan v. Helena Fed. Savings Loan Assn. , 193 Ark. 1023 , 103 S.W.2d 458 (1937). … To summarize, then, it is my opinion that a situation in which the city attorney serves as chairman of the city's zoning board does not carry an inherent conflict of interest, and that the situation, generally, is legally

Opinion No.

Arkansas Attorney General Reports · Nov 20, 1992

See Chism v. Phelps, 228 Ark. 936 , 311 S.W.2d 297 (1958). … See Keith v. Barrow-Hicks Ext., Imp. Dist. 85, 275 Ark. 28 , 88 , 626 S.W.2d 951 (1982) ("We have long held that statutory construction requires a common sense approach.")