Case law

Opinion No.

Arkansas Attorney General Reports · Sep 24, 1998

See Stafford v. Cook, 159 Ark. 438 , 252 S.W.2d 597 (1923). According to my research, there is no statute automatically declaring a vacancy in that instance. … See also May v. Edwards, 258 Ark. 871 , 529 S.W.2d 647 (1975). In such a case, the incumbent becomes a de facto officer who may be removed in the manner provided by law.

Opinion No.

Arkansas Attorney General Reports · Jun 17, 1999

("Board"). … Hija Lee Yu v. District of Columbia Rental Housing Comm., 505 A.2d 1310 , 131 (D.C.Ct.App. 1986). See also 2 Am.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 1997

By means of this document, the State Board would relinquish all claim to the property and would transfer all such claim to the College. Smith v. Olin Industries, 224 Ark. 606 , 275 S.W.2d 439 (1955). … See Little Rock Chamber of Commerce v. Pulaski County, 113 Ark. 439 , 168 S.W. 848 (1914); Ops. Att'y Gen. Nos. 94-168 ; 93-070; 92-022.

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.

Opinion No.

Arkansas Attorney General Reports · Jun 29, 1998

Arkansas courts have long interpreted the above-quoted statutory provision as allowing school boards wide latitude in formulating the rules and policies that govern their school systems. See, e.g. , Safferstone v. … 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.

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).

Opinion No.

Arkansas Attorney General Reports · Oct 13, 2004

See also Lewelling v. … See generally Glover v. Henry, 231 Ark. 111 , 328 S.W.2d 382 (1959) (holding that a school district board member is not an "officer" under Ark.

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.

Opinion No.

Arkansas Attorney General Reports · Nov 5, 1990

In addition to the above, A.C.A. 25-17-211 must be considered with respect to successive regular meetings missed by members of honorary boards and commission. See generally Walther v. … One of the dissents to the majority decision in Walther v.

Opinion No.

Arkansas Attorney General Reports · Jun 17, 2002

That agreement specifically states, `[t]he number of members of the present Board of Directors of the Trumann District will be increased to six (6) to accommodate one board member from the Central District in accordance with … . § 6-13-630 (school board resolution as adopting zoned school board member elections); and East Poinsett County School District No. 14 v.

Opinion No.

Arkansas Attorney General Reports · Oct 5, 2000

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.

Opinion No.

Arkansas Attorney General Reports · Feb 14, 2005

Nos. 2001-042 ; 2000-072; 99-349; 98-275; 94-283; and 94-446, citing Van Hovenberg v. Holman, 201 Ark. 370 , 144 S.W.2d 719 (1940); Madden v. United States Associates, 40 Ark. … App. 143 , 844 S.W.2d 374 (1992); Acme Brick Co. v. Missouri Pacific R.R., 307 Ark. 363 , 821 S.W.2d 7 (1991); and 63A Am.Jur.2d, Public Officers and Employees § 321.

Opinion No.

Arkansas Attorney General Reports · May 14, 2004

V , Sec. 20 of the Ark. Const. and therefore would not need to purchase liability insurance for events which they sponsor? 3. … See generally Bazemore v.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 1989

Bank. v. Abbot [Abbott], 288 Ark. 304 , 705 S.W.2d 3 (1986). … Gonzales v. Manzagol, 87 N.M. 230 , 531 P.2d 1203 (1975). ___________. A response to your other two questions is unnecessary, in light of the foregoing.

Opinion No.

Arkansas Attorney General Reports · Aug 18, 1987

Mourot v. Arkansas Board of Dispensing Opticians, 285 Ark. 128 , 685 S.W.2d 502 (1985); Hot Springs School District No. 6 v. Wells, 281 Ark. 303 , 663 S.W.2d 733 ; 744 (1984). … Vault v. Adkisson, 254 Ark. 75 , 491 S.W.2d 609 (1973).

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.

Opinion No.

Arkansas Attorney General Reports · Jul 12, 1995

Graham v. Forrest City Housing Authority, 304 Ark. 632 , 803 S.W.2d 923 (1991). … Co. of Reading, Pennsylvania v. Mason, 312 Ark. 166 , 848 S.W.2d 392 (1993). In my opinion, no such ambiguity exists on the fact of Act 1123 of 1995.

Opinion No.

Arkansas Attorney General Reports · Feb 23, 2005

Central Southern Companies, Inc. v. Weiss 339 Ark. 76 , 3 S.W.3d 294 (1999). The Arkansas Supreme Court affirmed this principle as follows in Pugh v. St. Paul Fire Marine Ins. … Hinchey v. Thomasson, 292 Ark. 1 , 727 S.W.2d 836 (1987).

Opinion No.

Arkansas Attorney General Reports · Apr 26, 1988

Robinson v. Jones, 194 Ark. 445 , 108 S.W.2d 901 (1937). … This result was also reached in Byrd v.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2007

Rev. 268 , 294-295 (1984), citing Sanders v. Benton, 579 P.2d 815 (Okla. 1978) and McLarty v. Board of Regents, 231 Ga. 22 , 200 S.E.2d 117 (1973). … Most importantly, the State Board of Education ("State Board") ultimately revises the frameworks, as is evident from A.C.A. § 6-15-1502 wherein it provides: Upon completion of the review, the State Board of Education shall