Case law

Opinion No.

Arkansas Attorney General Reports · Feb 10, 2006

Chem-Ash, Inc. v. Arkansas Power Light Co., 296 Ark. 83 , 751 S.W.2d 353 (1988); Venhaus v. Hale, 281 Ark. 390 , 663 S.W.2d 930 (1946). Gazaway v. … My opinion on this matter is in all respects consistent with that advanced in the venerable, if perhaps a bit dusty, case of Vestal v.

Opinion No.

Arkansas Attorney General Reports · Oct 29, 1993

See Weems v. Anderson, 257 Ark. 376 , 516 S.W.2d 895 (1974); Smith v. Page, 192 Ark. 342 , 91 S.W.2d 281 (1936); Griffin v. Rhoton, 85 Ark. 89 , 107 S.W. 380 (1907). … Murphy v. Townsend, 72 Ark. 180 , 79 S.W. 782 (1904).

Opinion No.

Arkansas Attorney General Reports · Nov 14, 1989

See, e.g., Byrd v. State, 240 Ark. 743 , 402 S.W.2d 121 (1966). In my opinion, however, it is not clear that a city council member cannot serve on a local school board. … It should also be noted that Section 25 of Article 19 of the Arkansas Constitution authorizes one's service as both mayor and school board member. 2 See, e.g., Craighead County Bd. of Educ. v.

Opinion No.

Arkansas Attorney General Reports · Jun 3, 1987

hospital's board of directors. … Warren v. Reed, 231 Ark. 714 , 331 S.W.2d 847 (1960) (wherein the court required a hospital board member having a laundry contract with that hospital to relinquish the contract, not the office).

Opinion No.

Arkansas Attorney General Reports · Apr 14, 1997

Dist. v. Alphin, 313 Ark. 456 , 855 S.W.2d 316 (1993). The Arkansas Supreme Court has stated that agency interpretations of statutes are afforded great deference even though they are not binding. … Arkansas State Medical Board v. Bolding, 324 Ark. 238 , 920 S.W.2d 825 (1996).

Opinion No.

Arkansas Attorney General Reports · Jun 27, 1995

Bolden v. Watt, 290 Ark. 343 , 719 S.W.2d 428 (1986). … In Manley v.

Opinion No.

Arkansas Attorney General Reports · Jan 10, 2006

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 · Jan 30, 2006

It has been suggested by leading commentators on the FOIA that because a school board is to hear "all testimony and debate" in executive session, that the board, persons with knowledge of the incident giving rise to the suspension … Comm'n v. Davidson, 253 Ark. 1090 , 490 S.W.2d 788 (1981); and Op. Att'y Gen. 97-130 . 2 Under the standard FOIA provisions, attorneys may not attend executive sessions. See, e.g., Ops. Att'y Gen. 2004-223 and 97-130.

Opinion No.

Arkansas Attorney General Reports · Jul 31, 1995

Death and Permanent Total Disability Trust Fund v. Whirlpool Corp. , 39 Ark. App. 62 , 837 S.W.2d 293 (1992). … City of Fort Smith v. Tate, 311 Ark. 405 , 844 S.W.2d 356 (1993). Factors such as these also support my conclusion.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1999

As regards the sixteen members, it must be recognized that the Arkansas Supreme Court has adhered to the view that there is no inherent power in the Governor to make appointments to boards and commissions. Clinton v. … Greer v. Merchants' Mechanics' Bank, 114 Ark. 212 , 216 , 169 S.W. 802 (1914). See also Connor v. Ricks, 213 Ark. 768 , 212 S.W.2d 552 (1948) and Hickenbottom v. McCain, 207 Ark. 485 , 181 S.W.2d 226 (1944).

Opinion No.

Arkansas Attorney General Reports · Apr 3, 2003

State v. … Walther v.

Opinion No.

Arkansas Attorney General Reports · Sep 23, 2004

Hines v. Mills, 187 Ark. 465 (1933), and Beasly [Beasley] v. Parnell, 177 Ark. 912 (1928). … See generally Adams v.

Opinion No.

Arkansas Attorney General Reports · Sep 23, 1991

Section 6-13-607 states that: [t]he board of directors of a school district shall have the authority to provide by resolution, by a majority vote, that all board members be elected by zone. … See generally Gosnell v. State, 284 Ark. 299 , 681 S.W.2d 385 (1984) (legislature's affirmative statement of the effect of a statute is an implied denial of its having some other effect.)

Opinion No.

Arkansas Attorney General Reports · Sep 29, 1995

See Davis v. Holt , 304 Ark. 619 , 804 S.W.2d 362 (1991). It is my opinion, therefore, as was stated in Op. … Reed v. Glover , 319 Ark. 16 , 889 S.W.2d 729 (1994), Hamilton v. Hamilton , 317 Ark. 572 , 879 S.W.2d 416 (1994).

Opinion No.

Arkansas Attorney General Reports · Aug 3, 1988

The case of Haskins v. … Murphy v. Townsend, 72 Ark. 180 , 79 S.W. 782 (1909); Byrd v. State, 240 Ark. 743 , 402 S.W.2d 121 (1966).

Opinion No.

Arkansas Attorney General Reports · Jul 11, 1994

Thus, a school board member may be seated in the legislature, but the legislator may not thereafter be elected a school board member. … In my opinion, the question at hand would be approached by the Arkansas Supreme Court in the same manner as the issue in Williams v. Douglas.

Opinion No.

Arkansas Attorney General Reports · May 7, 1999

Bd. v. Bolding, 324 Ark. 238 , 920 S.W.2d 825 (1996); Douglass v. Dynamic Enterprises, Inc., 315 Ark. 575 , 869 S.W.2d 14 (1994); Junction City Sch. Dist. v. Alphin, 313 Ark. 456 , 855 S.W.2d 316 (1993); Brimer v. … Arkansas Contractors Licensing Bd., 312 Ark. 401 , 405 , 849 S.W.2d 948 (1993); Pledger v. Boyd, 304 Ark. 91 , 799 S.W.2d 807 (1990); Arkansas Department of Human Services v.

Opinion No.

Arkansas Attorney General Reports · Jun 18, 1990

Our review has not yielded any provision denying the Board's authority in this regard. … See Morris v. Torch Club, 278 Ark. 285 , 645 S.W.2d 938 (1983); Ark. Contractors Licensing Bd. v. Butler, 295 Ark. 223 , 748 S.W.2d 129 (1988).

Opinion No.

Arkansas Attorney General Reports · Mar 9, 1993

Pennington v. Oliver, 245 Ark. 251 , 254 , 431 S.W.2d 843 (1968), quoting Faucette, Mayor v. Gerlach, 132 Ark. 58 , 200 S.W. 279 (1918). … Pennington, supra, involved a challenge to the actions of several members of a county equalization board who did not take the oath of office within the time required by law. See also Murphy v.

Opinion No.

Arkansas Attorney General Reports · Oct 20, 1997

. § 14-47-125 (a) and (b), is the city board the only entity that may alter the budget by board action, or can the board lawfully delegate that over to the city manager? 5. … Venhaus v. State, 285 Ark. 23 , 684 S.W.2d 252 (1985).