Case law

Opinion No.

Arkansas Attorney General Reports · Feb 10, 2006

In concluding that a school district clearly had such capacity, the court offered the following analysis: Plaintiffs rely upon the well-established principle that a corporation possesses only such powers as are granted to … Nevertheless, as I have just noted, legislative clarification on this point is clearly warranted.

Opinion No.

Arkansas Attorney General Reports · May 23, 2007

The original language of subsection (b) qualified subsection (a) by stating that: "but no person shall be allowed to tap any such sewer without paying in proportion to the value of his property to be benefited thereby, as … In my opinion, therefore, the monthly "deposit" of $30.56 required of new customers is clearly authorized. Such utility deposits are commonly charged as a means of securing payment of the monthly user charges.

Opinion No.

Arkansas Attorney General Reports · Jul 24, 2000

First, you fail to specify what sorts of expenditures will qualify as "administrative costs." … This section is further highly confusing in that it fails sufficiently to elaborate its terms or to establish any enforcement mechanism.

Opinion No.

Arkansas Attorney General Reports · Mar 1, 2007

In rendering this opinion, I am not ignoring the established rule of statutory construction that language in a statute will not be given a construction that renders it mere surplusage. See, e.g., Stephens v. … Simply put, I believe that if the legislature had intended to impose an additional annual 24-hour training requirement, it would have stated so clearly, expressly using the term "additional" or its equivalent.

Opinion No.

Arkansas Attorney General Reports · Apr 3, 2003

See Acts 1967, No. 253, § 4. 3 Clearly, this statute sets forth a general policy in favor of Senate confirmation of gubernatorial appointees. … conservation and regulation of birds, fish, game and wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all property now owned, or used for said purposes and the acquisition and establishment

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2000

liberal construction of Amendment 7" supports concluding "that substantial compliance may be found where the information entered on the petition form reasonably affords a sufficient basis" for determining that the signer is qualified … We have considered the Respondents' arguments carefully and are compelled to hold that the findings of the Master have not been shown to be clearly erroneous.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2002

Almost certainly, "yes," subject to the condition that the mere fact of public access does not necessarily qualify a public space or building as a public forum in which a labor organization might solicit members. … The Court further offered the following with respect to the standard applicable to limited public forums: When the State establishes a limited public forum, the State is not required to and does not allow persons to engage

Opinion No.

Arkansas Attorney General Reports · Aug 28, 2003

A pro-life message conveyed on a license plate clearly meets this test. Compare Wooley v. … In my opinion, then, the display of a "Choose Life" message on a license plate is clearly private speech.

Opinion No.

Arkansas Attorney General Reports · Apr 6, 2010

I conclude that, to the extent anything at all was intended, your intent was to establish "care" as a subdivision of the larger universe of "health care services." … The Patient Protection Act of 1995, A.C.A. §§ 23-99-201 to -209 (Repl. 2004, Supp. 2009), requires a health care insurer to allow qualified and willing health care providers to participate in the insurer's health benefit

Opinion No.

Arkansas Attorney General Reports · Aug 1, 2003

Moreover, this authority is qualified by A.C.A. § 14-235-304 , which prohibits a municipal board of health from ordering or compelling anyone to construct a hookup running more than 300 feet from his property. … In order to establish an equal protection violation arising out of a classification that does not affect a suspect class or a fundamental right, it is necessary to show that the disparity is arbitrary.

Opinion No.

Arkansas Attorney General Reports · Mar 14, 2011

In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … It purports to "establish the use, possesion [sic] and cultivation" of marijuana for medical purposes, "as authorized" by the constitution. How does one, or a law, "establish" the "cultivation" of a plant?

Opinion No.

Arkansas Attorney General Reports · Sep 3, 2009

As always, the person claiming the right will have the burden of establishing it. In applying this law to the six requested items, and given your responses, we can arrive at some tentative conclusions. … Generally, even if a letter of resignation constitutes an employee evaluation record, it is not releasable because a resignation rarely qualifies as a "termination." E.g. , Op. Att'y Gen.

Opinion No.

Arkansas Attorney General Reports · Jul 17, 2002

I do not believe any vehicle or trailer subject to taxation under the above standards would qualify for any of the exemptions set forth at A.C.A. §§ 26-52-401 et seq. and 26-53-114 , which carve out exceptions to sales tax … As the Court made clear Northwest Airlines, supra, corporate citizenship of this sort clearly subjects an entity to the state's taxing authority. Question 2 ?

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2002

I should note at the outset that you have provided me no documentation establishing that Candidate A was indeed "a convicted felon" at the time he filed as a candidate. As discussed in Ark. Op. Att'y Gen. … At issue, then, is whether Candidate A's action in meeting the conditions for eligibility prior to the election might somehow cure the fact that he was clearly ineligible at the time he filed to run.

Opinion No.

Arkansas Attorney General Reports · Nov 20, 1998

Its purpose is not to establish a right. Hicks v. Gravett, 312 Ark. 407 , 849 S.W.2d 946 (1993). … I am not aware of any state agency that is qualified or authorized to advise citizens concerning the proper format for referenda.

Opinion No.

Arkansas Attorney General Reports · May 2, 2008

The general provisions establishing the Department's authority are set forth in A.C.A. §§ 25-10-101 through -139 (Repl. 2002 Supp. 2007). … In addition, the Board clearly has the power to hire the Commissioner independent of the Director of DHS.

Opinion No.

Arkansas Attorney General Reports · Nov 30, 2011

CONCERNING THE MEMBERSHIP OF THE ARKANSAS STATE GAME AND FISH COMMISSION; PROVIDING THAT THE ARKANSAS STATE GAME AND FISH COMMISSION SHALL CONSIST OF TWO (2) MEMBERS FROM EACH CONGRESSIONAL DISTRICT, TO BE CHOSEN BY THE QUALIFIED … In contrast to your previous submission, Section 3 of this proposal establishes a limitation on the number of terms each commissioner may serve.

Opinion No.

Arkansas Attorney General Reports · Jan 9, 1990

12 of 1988, Fourth Extraordinary Session) permit an acquisition of an emergency state or national bank charter issued for the purpose of acquiring the assets and liabilities of a failed savings and loan institution by a qualified … Established rules of statutory construction dictate that seemingly contradictory provisions be reconciled, so far as practical, so as to make them consistent, harmonious and sensible. Gilbert v.

Opinion No.

Arkansas Attorney General Reports · Mar 30, 2004

The provisions of A.C.A § 14-43-504 (b) are old, dating back verbatim to Act 1 of 1875 , which established cities of the first class. Acts 1875, No. 1 , § 53. … It may be significant that the only other references to "officers" in § 53 of Act 1 are to "officers of the police and watchmen" — a restricted category that may qualify the provisions of A.C.A. § 14-43-504 (b)(1).

Opinion No.

Arkansas Attorney General Reports · Feb 14, 2003

These provisions, located within the proposed definitions of "type 1" and type 2" transfers, clearly provide that no other element of the definitions setting forth the terms of a transfer will apply if such application would … Subject to the Amendment 33 qualifier discussed above, Section 3 of the proposed legislation calls for an even more draconian curtailment of a transferred entity's authority attending a type 2 transfer.