Case law

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2009

.] § 11-10-210 . . ., or is there controlling legal authority establishing the term to mean the act of hiring only? 5. … The situation you posit appears to qualify as a "formal or informal" meeting of the "governing body" (i.e., the Board of Directors) of the City of Siloam Springs.

Opinion No.

Arkansas Attorney General Reports · Oct 31, 1989

Section 504 of this act states that: "No otherwise qualified handicapped individual in the United States . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or … The Commission's authority and discretion in the area of preservation and conservation of the state's wildlife resources is well-established.

Opinion No.

Arkansas Attorney General Reports · Mar 22, 2000

Only a court can definitively establish the correct interpretation of A.C.A. § 14-43-412 , with its outdated reference to the "annual election." … The situation you have described concerning the city clerk's position is clearly governed by A.C.A. § 14-43-412 , discussed in response to Question 1.

Opinion No.

Arkansas Attorney General Reports · Aug 25, 1997

With regard to the decision concerning whether the Department must register an offender, it should be noted that "Public officials, public employees, and public agencies are immune from civil liability for good faith conduct … Further, it is apparent that certain offenses, such as rape, may qualify as an "offense against a victim who is a minor," a "sex offense," and a "sexually violent offense."

Opinion No.

Arkansas Attorney General Reports · May 23, 2002

Subsection (b) of this statute was enacted pursuant to Act 1785 of 2001, which effected the establishment of the Arkansas Fair Housing Commission and is currently codified in its remainder at A.C.A. §§ 16-123-301 through … Mayer Co., 392 U.S. 409 , 413-16 (1968), nothing in the later legislation can or should be read as qualifying either the intent or the continued effectiveness of the earlier legislation.

Opinion No.

Arkansas Attorney General Reports · Jul 16, 2008

As phrased, your question appears to assume that what you describe as "cabins, cottages, bed and breakfasts, camp grounds or any other lodging facilities" would not qualify as "hotels, motels or short-term condominium rental … If this assumption were correct, the answer to your question would clearly be "no," given that the statute expressly lists only "hotels, motels or short-term condominium rental accommodations" as lodgings subject to what

Opinion No.

Arkansas Attorney General Reports · Sep 5, 2008

. § 6-21-108 (b)(1)(C) "clearly qualify as effecting a `public *Page 5 advantage' to education consistent with the provisions of Article 14, § 1," citing City of Blytheville v. … With regard to your particular question concerning the conducting of urban renewal or redevelopment projects, I believe it is clear that the powers and authority established by these statutes are conferred upon the public

Opinion No.

Arkansas Attorney General Reports · Nov 23, 1999

(B) Thereupon, it shall be the duty of the Governor to at once appoint and commission a mayor or police judge for the city or town to fill the vacancy until his successor is elected at the next regular election and qualified … Although state law does not explicitly address this issue, it clearly does not prohibit an expenditure of this nature, assuming that the funds were duly appropriated.

Opinion No.

Arkansas Attorney General Reports · Feb 13, 2009

purposes prescribed in this subchapter or for the operation of tourist-oriented facilities, including, but not limited to, theme parks and other family entertainment facilities or for the retirement of bonds issued for the establishment … In my opinion, the reference to "such groups" in this passage is to "any civic group or the chamber of commerce" mentioned immediately before in A.C.A. § 26-75-603 (c)(2)(C) — institutions that would not qualify as the lenders

Opinion No.

Arkansas Attorney General Reports · Oct 17, 2005

. § 19-12-117 (Supp. 2003), which establishes the Arkansas Tobacco Settlement Commission and details its membership. … In establishing the ATSC, Initiated Act 1 specified nine seats on the commission, including the heads of five departments of the State of Arkansas.

Opinion No.

Arkansas Attorney General Reports · Dec 15, 2006

The "revenue stamps" referred to above are used to establish payment of the "real property transfer tax" levied pursuant to A.C.A. §§ 26-60-101 to -112 (Repl. 1997 and Supp. 2005). … Id. at (d)(2)(A) and (B). 2 The author qualifies this statement, however, by stating that: "The statute itself does not mention consideration, although the other states' statutes do.

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2008

Accordingly, I believe these judges clearly retain the service credit that they accrued prior to the enactment of Act 663. … process for the study and consideration of establishing additional district courts in the future."

Opinion No.

Arkansas Attorney General Reports · Dec 13, 1996

Thus, a persuasive argument could be made that the city council may establish the hours during which the city office must be open. … Assuming that the common law has not been altered, it is my opinion that the offices of alderman and recorder-treasurer in this instance are clearly incompatible due primarily to the power of the city council to remove an

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2006

(b) Incumbent city attorneys shall continue in office until their successors are elected and qualified. A.C.A. § 14-43-315 (Supp. 2005). … . § 14-43-313 clearly would allow a city council to designate the position of city attorney either as a full or part time position by ordaining the duties and compensation of the office, your question relates to whether this

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2005

As established in McCutchen , it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified as … I believe the quoted term clearly refers only to residents of the municipal corporation.

Opinion No.

Arkansas Attorney General Reports · Nov 21, 2005

However, no ordinance levying any tax authorized by this subchapter shall be valid until adopted at a special or general election by qualified electors of the city or in the county where the tax is to be imposed, as the case … As established in McCutchen , it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified as

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

If I have properly interpreted your question, the county in this instance is contemplating conveying county property to a non-profit corporation, which by virtue of the conveyance will qualify to receive grant funds that … Cities and counties clearly can enter into contracts that are supported by valid consideration. See Ops. Att'y Gen. No. 98-025 and 97-250; A.C.A. § 14-54-101 (2); City of Ft. Smith v.

Opinion No.

Arkansas Attorney General Reports · Apr 19, 2005

The General Assembly established the Arkansas District Judge Retirement Fund in Act 1374 of 2003. The District Judge Retirement Fund replaces various local retirement plans for municipal judges with a state plan. … The enacted language clearly contemplates that the excess retained by the sponsoring government entity will be used to pay for district judge retirement.

Opinion No.

Arkansas Attorney General Reports · Oct 3, 1995

Box 5901 Little Rock, Arkansas 72215 Dear Colonel Bailey: This is in response to your request for an opinion on two questions concerning Act 419 of 1995, which authorizes the Arkansas State Police to issue licenses to qualified … The legislature has not clearly specified what is to be included within the "list" — whether only names are to be included, whether every bit of information contained in license applications is to be compiled in the "automated

Opinion No.

Arkansas Attorney General Reports · Oct 20, 2003

However, A.C.A. § 5-5-102 qualifies this provision by declaring that it will not control if some other provision of law calls for a different disposition of the proceeds. … It is well established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the intent for retroactive application is clearly expressed. See Abrego v. United Peoples Fed. Sav.