Case law

Opinions from 1658 to today.

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 17, 2003

    See, e.g., City of Cave Springs v. City of Rogers, 343 Ark. 652 , 37 S.W.3d 607 (2001); City of Dover v. Barton, 337 Ark. 186 , 987 S.W.2d 705 (1999). … Bd. v. Stephens, 309 Ark. 537 , 541 , 832 S.W.2d 239 (1992), citing Cross v. Graham, 224 Ark. 277 , 272 S.W.2d 682 (1954).

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 20, 1998

    You state that the Emmet School District would like to change the boundaries of school Zones 4 and 5 in order to appoint a former school board member from Zone 4 to the local board. 1 You state that the former Zone 4 board … Fortman v. Texarkana School District No. 7, 257 Ark. 130 , 132 , 514 S.W.2d 720 (1974), quoting A.H. Andrew's Co. v. Delight Special School Dist., 95 Ark. 26 , 128 S.W. 361 (1910).

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 4, 1990

    The following language from a Colorado case which was quoted by the Arkansas Supreme Court in Chaffin v. … Anderson v. Lamm, 195 Colo. 437 , 579 P.2d 620 (1978). I have enclosed a copy of Attorney General Opinion Number 89-206 which addresses the quorum court's authority in connection with an executive officer's budget.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 21, 2006

    Coal District Power Co. v. Booneville, 169 Ark. 1065 , 1068 (1925). … Att'y Gen. 2001-230 (quoting Steward v. Rust, 221 Ark. 286 , 252 S.W.2d 816 (1952)).

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 18, 2011

    Beasley, State Comptroller v. … While the CBEC is unquestionably an agency of the county ( see Union County v.

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 6, 2005

    Knight v. Pulaski County Special School District, 112 F.3d 953 , 955 (8th Cir. 1997). … Firefighters v. Cleveland, 478 U.S. 501 , 519 (1986).

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 13, 2005

    Arkansas HSC v. Regional Care Facilities, Inc., 351 Ark. 331 , 339 , 93 S.W.3d 672 (2002), citing Hall v. Tucker, 336 Ark. 112 , 983 S.W.2d 432 (1999); Fayetteville Sch. Dist. v. … Chaffin v. Arkansas Game Fish Comm'n, 296 Ark. 431 , 443-44 , 757 S.W.2d 950 (1988). The General Assembly may create boards and commissions to carry out the effect of the law. See, e.g. Clinton v.

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  • Opinion No.

    Arkansas Attorney General Reports · May 26, 2010

    As for your second question, in my opinion, the State Dental Board can pass more stringent regulations on mobile or portable dentistry providers if the Board has a rational basis for more stringent regulations. 1 *Page 2 … (Aspen 2002), p. 644. 4 Palmore v. Sidoti , 466 U.S. 429 , 433-34 (1984); Graham v. Richardson , 403 U.S. 365 , 367 (1971); Chemerinsky , supra note 3, at 645. 5 Clark v. Jeter , 486 U.S. 456 (1988); Reed v.

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 24, 1998

    See, e.g. , Davis v. Holt, 304 Ark. 619 , 804 S.W.2d 362 (1991). … For example, in Maddox v. State, 220 Ark. 762 , 249 S.W.2d 972 (1952), it was stated as follows: A public officer ordinarily exercises some part of the State's sovereign power.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 6, 1996

    RESPONSE Question 1 — Must the board adopt its procedure when the board is in a legally convened meeting? It is my opinion that the board must adopt its rules of procedure when the board is legally convened. … This conclusion is bolstered by the Arkansas Supreme Court's decision in Eldridge v. Board of Correction, 298 Ark. 467 , 768 S.W.2d 534 (1989).

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 30, 1998

    Byrd v. State, 240 Ark. 743 , 402 S.W.2d 121 (1966). … Tappan v. Helena Fed. Savings Loan Assn. , 193 Ark. 1023 , 103 S.W.2d 458 (1937). The positions of justice of the peace and county election commissioner do not conflict in these ways.

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 12, 2009

    Brooks "allowed the School Board to remove Dr. Brooks from his position and replace him with a person who, in the School Board's opinion, would be a better superintendent.") Accord Mace v. … See generally Weldon v.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 2, 2001

    This is reflected in Haynes v. … See generally Biedenharn v. Hogue, 338 Ark. 660 , 1 S.W.2d 424 (1999) and Starnes v.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 16, 2004

    This provision was central to the Arkansas Supreme Court's decision in State v. Craighead County Bd. of Election Comm'rs, 300 Ark. 405 , 779 S.W.2d 169 (1989). … See Johnson County Board of Election Commissioners v. Holman, 280 Ark. 128 , 655 S.W.2d 408 (1983); Op. Att'y Gen.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 16, 2005

    Id.; see also Cox v. Comm'rs of Maynard Fire Imp. Dist. … Additionally, as I noted in response to Question One, even if a board member is no longer qualified to serve on the board, that member will likely become a de facto member of the board.

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  • Opinion No.

    Arkansas Attorney General Reports · Jun 20, 1996

    That opinion relies heavily upon Muse v. … In Sebastian County Chapter of the American Red Cross v.

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 29, 1993

    See Maddox v. State, 220 Ark. 760 , 249 S.W.2d 972 (1952). Additionally, the position is created by law and members hold their positions by official appointment, rather than by contract of hire. See Martindale v. … In my opinion, the members of the State Board of Election Commissioners are not among those officers who must receive a commission of office. Act 1092 does not require the members of the Board to be commissioned.

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 27, 1999

    Tucker, 235 Ark. 70 , 72 , 357 S.W.2d 3 , 4 (1962); Isgrig v. Srygley, 210 Ark. 580 , 197 S.W.2d 37 (1946). See also Springdale Board of Education v. … Darr v. Bankston, 327 Ark. 723 , 940 S.W.2d 481 (1997); Kansas City Southern Ry. v. Pledger, 301 Ark. 564 , 785 S.W.2d 462 (1990).

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 19, 1988

    The case of Starrett v. … See also Taaffe v. Sanderson, 173 Ark. 970 , 294 S.W. 74 (1927); Spence v. Whitaker, 178 Ark. 51 , 9 S.W.2d 739 (1928). However, as a general matter, a timely filing must occur.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 30, 2007

    SB23 has passed the Senate and is currently before the House. 4 As noted in Anadarko Petroleum Co. v. … Reynolds v. Smackover State Bank , 310 Ark. 342 , 836 S.W.2d 853 (1992)." 5 One of the few references to Amendment 33 in the case law is the following from Hooker v.

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