Case law

Opinion No.

Arkansas Attorney General Reports · Jun 18, 1997

Byrd v. State, 240 Ark. 743 , 402 S.W.2d 121 (1966). … Murphy v.

Opinion No.

Arkansas Attorney General Reports · Dec 16, 1988

Brazier v. Kontos, 160 Ill. App.3d 177 , 513 N.E.2d 152 (1987). Although the statute could be interpreted to include sign erection, the ultimate decision will rest with the Board appointed to enforce this Act. … Arkansas Contractor Licensing Board v. Butler Construction Co., 295 Ark. 223 , 748 S.W.2d 129 (1988).

Opinion No.

Arkansas Attorney General Reports · Jun 12, 1992

Dick v. Kazen, 156 Tex. 122 , 292 S.W.2d 913 (1956); Johnson v. State, 137 Ala. 101 , 34 So. 1018 (1903); and Lynch v. Rosenthal, 144 Ind. 86 , 42 N.E. 1103 (1896). … The statute simply does not envision or provide any procedure for the exchanging of terms of office by the board members.

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).

Opinion No.

Arkansas Attorney General Reports · Oct 16, 2003

(c) The Board of Correction and Community Punishment shall act as the school board for the school district. [Emphasis added.] … In Allred v.

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2001

Brown State Senator 17900 Ridgeway Drive Siloam Springs, Arkansas 72761-8866 Dear Senator Brown: I am writing in response to your request for an opinion on four questions concerning a vacancy in the office of county sheriff … See Hawkins v. Stover, 274 Ark. 125 , 622 S.W.2d 667 (1981); and McCraw v. Pate, 254 Ark. 357 , 494 S.W.2d 94 (1973).

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

See Carter v. Bush, 283 Ark. 16 , 677 S.W.2d 837 (1984). … board.

Opinion No.

Arkansas Attorney General Reports · Oct 12, 1988

the approval of the Retirement System's Board of Trustees? … Chandler v. Perry-Casa Public School District, 286 Ark. 170 , 690 S.W.2d 349 (1985). The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.

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 · 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 · Mar 26, 1997

reimbursement for each board member for performing official board duties. " 1 (Emphasis supplied.) … Donoho v. Donoho, 318 Ark. 637 , 887 S.W.2d 290 (1994).

Opinion No.

Arkansas Attorney General Reports · Dec 7, 1989

of election commissioners together with one (1) additional or third member to be appointed by the State Board of Election Commissioners. … Service on the board is mandatory, unless the chairman is an elected official. See generally, Loyd v.

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 · Oct 22, 1992

The case of Arkansas Gazette Co. v. … Rev. 268 , 294-295 (1984), citing Sanders v. Benton, 579 P.2d 815 (Okla. 1978) and McLarty v. Board of Regents, 231 Ga. 22 , 200 S.E.2d 117 (1973).

Opinion No.

Arkansas Attorney General Reports · Jan 3, 2006

Soil, Water Conserv. v. City of Bentonville, 351 Ark. 289 , 92 S.W.3d 47 (2002); Cave City Nursing Home, Inc. v. Arkansas DHS, 351 Ark. 13 , 89 S.W.3d 884 (2002); and Cyphers v. United Parcel Service, 68 Ark. … Id. at 1094 . 2 See also, NuMarkets, LLC v.

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

See Smith v. Little Rock Civil Service Commission, 214 Ark. 765 , 218 S.W.2d 366 (1949). … Satterfield, Mayor v. Fewell, 202 Ark. 67 , 149 S.W.2d 949 (1941). It has also been held that a city sanitation committee does not have authority, under a city ordinance, to set a garbage fee. City of Harrison v.

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 · Jun 20, 1997

Brown State Senator 17900 Ridgeway Drive Siloam Springs, Arkansas 72761-8866 Dear Senator Brown: This is in response to your request for an opinion on the effect of Act 542 of 1997. … See also, Crossett Lumber Company v. McCain, 205 Ark. 631 , 170 S.W. 2d 64 (1943) (legislature had power to change unemployment compensation law and make new act effective to claims pending upon effective date of act).

Opinion No.

Arkansas Attorney General Reports · Aug 13, 1999

Cities (and their boards and commissions) can exercise only such authority as has been explicitly delegated to them by the state. Jones v. American Home Life Ins. … 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.

Opinion No.

Arkansas Attorney General Reports · Dec 15, 1995

State of Arkansas by Scott v. Block, 825 F.2d 1254 (8th Cir. 1987); Cheqnet Systems v. State Bd. of Collection Agencies, 319 Ark. 252 , 890 S.W.2d 595 (1995); Thompson v. Younts, 282 Ark. 524 , 669 S.W.2d 471 (1984). … 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.