Case law

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 19, 2001

    See Employer's Liability v. … ["AHDC"] v. Governmental Bonding Board, 319 Ark. 716 , 894 S.W.2d 580 (1995).

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 13, 1996

    See Pledger v. C.B. Form Co. , 316 Ark. 22 , 871 S.W.2d 333 (1994); Allen v. Ingalls, 182 Ark. 991 , 33 S.W.2d 1099 (1930). In Allen v. … It did so in the course of discussing the earlier case of State v. Martin Lipe, 134 Ark. 420 , 204 S.W. 622 (1918), in which the rules of a board of health had been challenged.

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  • Opinion No.

    Arkansas Attorney General Reports · Jun 20, 1997

    Dept. v. Hope Brick Works, Inc., 294 Ark. 490 , 744 S.W.2d 711 (1988); Laman v. McCord, 245 Ark. 401 , 432 S.W.2d 753 (1968). … Commercial Printing Co. v. Rush, 261 Ark. 468 , 549 S.W.2d 790 (1977).

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 31, 2000

    L.L.C. et al. v. Arkansas Development Finance Authority , Case No. LR-C-99-307, held that ADFA is not an "alter ego" of the state that might avoid suit by invoking Eleventh Amendment sovereign immunity. … However, in my opinion this holding in no way undermines the conclusion that the ADFA board is a state board eligible to participate in the Fidelity Bond Program.

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 23, 2003

    Regulations of the Arkansas Board of Corrections, Regulation 7.9 (Meritorious Good Time), V(B) (Definitions). … See Cave City Nursing Home, Inc. v. Arkansas DHS, 351 Ark. 13 , 89 S.W.3d 884 (2002).

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 5, 2001

    While the Planning Board may thus recommend zoning, such recommendations are not binding until adopted by the Quorum Court. Accord Rickman v. Mobbs, 253 Ark. 969 , 490 S.W.2d 129 (1973). … of the Board, as it may do pursuant to A.C.A. § 14-17-203 (f).

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 20, 1990

    The Board's long-standing interpretation of these statutory provisions must be given consideration and will not be disregarded by a court unless clearly wrong. See, e.g., Morris v. … McArthur v. Smallwood, 225 Ark. 328 , 281 S.W.2d 428 (1955). We cannot conclude, following the above precepts, that the Board's action in this instance in imposing a one year experience requirement is "clearly wrong."

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 23, 2000

    See e.g., Vanderpool v. Fidelity Casualty Ins. Co., 327 Ark. 123 , 847 S.W.2d 707 (1997); and Thomas v. Cornell, 316 Ark. 366 , 872 S.W.2d 370 (1994). … See Kifer v. Liberty Mut. Ins. Co. 777 F.2d 1325 (1985); Elizabeth Arden Sales Corp. v. Gus Blass Co., 150 F.2d 988 , cert. denied 326 U.S. 773 (1945).

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 20, 2005

    See generally Cloverleaf Express v. Fouts, No. CA 04-921 (Ark.Ct.App. April 27, 2005). I cannot say that the Board's interpretation of A.C.A. § 24-8-211 is clearly wrong in this instance. … See Omega Tube Conduit Corp. v. Maples, 312 Ark. 489 , 850 S.W.2d 317 (1992), reh'g denied, (1993).

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  • 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.

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  • 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.

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  • Opinion No.

    Arkansas Attorney General Reports · Jun 17, 1988

    If a member of a pension fund board of trustees is also an officer of a financial institution in which the pension fund board is considering investing money, does a conflict of interest exist for that board member and what … See, Home Fire Insurance Co. v. Benton, 106 Ark. 552 , 153 S.W.2d 830 (1913); Missouri Pac. R. Co. v. W. S. Fox Sons, Inc., 251 Ark. 247 , 472 S.W.2d 766 (1976).

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 12, 2004

    Additionally, according to my understanding, the Rule you have alluded to is currently the subject of an action pending in the Pulaski County Circuit Court ( Arkansas Psychology Association v. … Arkansas Board of Examiners in Psychology (No. 2003-4543)).

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 5, 2008

    The issue will focus on the Board's grant of authority under the Public Facilities Boards Act, as well as the creating ordinance, see A.C.A. § 14-137-107 (Repl. 1998), and the question of whether the particular transactions … See, e.g., City of Blytheville v. Parks , 221 Ark. 734 , 255 S.W.2d 962 (1953); Little Rock Chamber of Commerce v. Pulaski County , 113 Ark. 439 , 168 S.W. 848 (1914); Op. Att'y Gen. 2002-099 .

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 25, 1988

    Glover v. Henry, 231 Ark. 111 , 328 S.W.2d 382 (1959). … Additional support for this conclusion is found in Walther v. McDonald, 243 Ark. 912 , 422 S.W.2d 854 (1968).

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  • 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.

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 31, 2009

    Compare Salley v. … Smith v.

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  • 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.

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  • Opinion No.

    Arkansas Attorney General Reports · May 4, 1994

    See generally Moss v. Allstate Ins. Co., 29 Ark. App. 33 , 776 S.W.2d 831 (1989). … Additionally, the Arkansas Supreme Court has interpreted a school board director's oath of office as prohibiting a director from making private sales to his district. See Dowell v. School Dist.

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  • 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.

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