Case law

Opinions from 1658 to today.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 11, 1989

    Attorney General v. State Board of Education, 195 Ark. 222 (1937), stating that: . . . school districts are not, strictly speaking, a part of the state in the sense that the General Assembly must deal with them. … Tappan v. Helena Federal Savings Loan Association of Helena, 193 Ark. 1023 , 104 S.W.2d 458 (1937).

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  • 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.

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 14, 1997

    boards for the conduct of county affairs. * * * (2) ADMINISTRATIVE BOARDS. … No. 91-204 , citing Horton v. Taylor, 767 F.2d 471 (8th Cir. 1985).

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  • 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).

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 31, 2001

    Tom Allen, Chair Homes Inspector Advisory Board c/o Secretary, Homes Inspector Advisory Board 47 Jamestown Drive Searcy, AR 72143 Dear Mr. … Brimer v. Arkansas Contractors Licensing Board, 312 Ark. 401 , 405 , 849 S.W.2d 948 (1993).

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 4, 1991

    Legislative Research Commission v. Brown, 664 S.W.2d 907 (Ky. 1984), (construing language identical to Art. 4, §§ 1 and 2). … Beck v. Game and Fresh Water Fish Commission, 160 Fla. 1 , 133 So.2d 594 , (1948) and State ex el. Public Utilities Commission of Ohio v. Controlling Board of Ohio, 130 Ohio St. 127 , 197 N.E. 129 (1935).

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 17, 1993

    Ball v. … Love v. Hill, 297 Ark. 96 , 759 S.W.2d 550 (1988).

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 13, 1995

    Pickens involved a meeting of five trustees (out of a ten-member board of trustees) acting as the Student Affairs Committee of the board. … See Baxter County Newspapers, Inc. v. Medical Staff of Baxter General Hospital, 273 Ark. 511 , 622 S.W.2d 495 (1981) and Freedom of Information Act, supra, at 45.

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 8, 2006

    See Keith v. Barrow-Hicks Ext., Imp. Dist. 85 , 275 Ark. 28 , 88 , 626 S.W.2d 951 (1982) ("We have long held that statutory construction requires a common sense approach.") … See Yarbrough v. Witty , 336 Ark. 479 , 484 , 987 S.W.2d 257(1999).

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 30, 1994

    This was recognized as early as 1932, in School District No. 10 v. … This principle was recognized as recently as 1978, in Genoa Central School District No. 1 v.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 21, 1997

    See also Sebastian County v. Educare Centers, 296 Ark. 538 , 758 S.W.2d 413 (1988) (schools must be non-profit organizations to qualify for tax exemption). Following the holding of Sebastian County Equalization Board v. … See, e.g. , Sebastian County Equalization Board v. Western Arkansas Counseling Guidance Center, Inc., 296 Ark. 207 , 752 S.W.2d 755 (1988).

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 30, 2002

    Thus, the rule under the pervasively sectarian test, as stated in Roemer v. Board of Publ. … Industrial Development Board of the Metropolitan Government of Nashville and Davidson County, 117 F. Supp. 2d 693 (M.D. Tenn. 2000). 6 In Walz v.

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 17, 2007

    Id., citing Maine v. Taylor , 477 U.S. 131 (1986); Bacchus Imports, Ltd. v. Dias , 468 U.S. 263 (1984); Hughes v. Oklahoma , 441 U.S. 322 (1979); and Pike v. Bruce Church , 397 U.S. 137 (1970). … See, e.g., SPGGC, LLC. v.

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  • Opinion No.

    Arkansas Attorney General Reports · May 23, 2002

    board acts. … For purposes of my response, then, I will assume that the "approval" at issue is that of the board, which is the only entity authorized by statute to approve modification of a teacher's contract. In Bond v.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 19, 1999

    to entities who have applied to the Board for licenses. … private physicians and surgeons; (iii) Outpatient surgery or imaging centers; (iv) Post-acute head injury retraining and residential care facilities or establishments operated by the federal government or any agency thereof; (v)

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 26, 2003

    See generally Wooten v. State, 325 Ark. 510 , 931 S.W.2d 408 (1996) (stating the basic rule of statutory construction that legislative intent is gathered from the plain meaning of the language used). … See generally Flowers v. Norman Oaks Const. Co., 341 Ark. 474 , 17 S.W.3d 472 (2000) (particular provision in a statute must be construed with reference to the statute as a whole).

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 6, 1993

    Fidelity Guaranty Co. v. Industrial Commission of Colorado, 96 Colo. 571 , 45 P.2d 895 (1935). … Village of Elmira Heights v. Town of Horseheads, 140 Misc. 147 , 250 N.Y.S. 50 (1931). The "district" is a geographic area governed by a "solid waste management board."

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  • Opinion No.

    Arkansas Attorney General Reports · Jun 29, 1998

    In Bailey, Lieutenant Governor v. … Hadley v. Junior College District, 397 U.S. 50 (1970). The principle applies to instances where, as here, members of an elected body are chosen from separate districts. Id. at 56 .

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  • Opinion No.

    Arkansas Attorney General Reports · May 16, 1996

    See Rutherford v. … See Mummelthie v. City of Mason City, Iowa, 873 F. Supp. 1293 (N.D. Iowa 1995), citing Gregory v. Ashcroft, 501 U.S. 452 (1991); Vance v. Bradley, 440 U.S. 93 (1979) and Massachusetts Board of Retirement v.

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 14, 1995

    The Arkansas Supreme Court recognized the requirement that proposals for new policies or amendments be submitted to the personnel policies committee in dicta contained in Hope Education Ass'n v. … Upon presentation to the board, the board either adopts or rejects the proposal, or refers it back to the personnel policies committee for further study or revision.

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