Case law
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Arkansas Attorney General Reports · Jul 27, 2004
However, the Code clearly envisions that a charter will be "a performance-based contract" calling for "conditional operation" of such schools as public institutions. A.C.A § 6-23-103 (1). … I am unable to opine as to whether a school's charter status in itself would qualify as an "unusual and limited" circumstance.
Cited 0 timesPublishedArkansas Attorney General Reports · Apr 30, 2010
In my opinion, however, this statutory authority is qualified by an implied proviso that the lease agreement must serve some legitimate public purpose. … No. 2007-153 : Cities and counties clearly can enter into contracts that are supported by valid consideration. See Ops. Att'y Gen. Nos. 1998-025 and 97-250; A.C.A. § 14-54-101 (2); City of Ft. Smith v.
Cited 0 timesPublishedArkansas Attorney General Reports · Oct 25, 2005
The power to appropriate funds for a purchase of property on behalf of the county clearly resides in the quorum court. … Within the context of the specific question as qualified by my remarks regarding the respective roles of the quorum court and the county judge, I believe a finder of fact would likewise inquire whether the above market-value
Cited 0 timesPublishedArkansas Attorney General Reports · Jan 31, 1996
More specifically, Act 1007 states: If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the [State Highway] Commission shall proceed with the issuance of bonds … Clearly, the bonds cannot be "outstanding" if they have not been issued.
Cited 0 timesPublishedArkansas Attorney General Reports · Mar 7, 2001
Id. at 672. 8 Thus, while the plain language of art. 5, § 32 clearly prohibits the damages cap in House Bill 1382, the Arkansas Supreme Court in White engaged in an inquiry as to the "reasonableness" of legislation in the … City of Newport, 326 Ark. 667 , 933 S.W.2d 800 (1996) (enactment of municipal tort immunity statute not violative of art. 2, § 13) disagreeing with the analysis in Emberson v.
Cited 0 timesPublishedArkansas Attorney General Reports · Apr 21, 2006
College at Hope, which was alleged to act in an advisory capacity to the University of Arkansas Board of Trustees after a merger between that institution and the Red Rock Technical College: Applying these statutes, if UACCH qualifies … Clearly, the Committee was created by government to assist government in its "official functions."
Cited 0 timesPublishedArkansas Attorney General Reports · Jan 27, 2000
In my opinion, the hazardous activities at issue clearly qualify as "employment" under this definition. … The preceding section has established that, under Arkansas law, your question should be answered in the affirmative if the youths are not compensated for their work.
Cited 0 timesPublishedArkansas Attorney General Reports · Sep 23, 1999
It is well established that the acts of de facto officers are valid. Chronister v. State, 55 Ark. App. 93 , 931 S.W.2d 444 (1996); Pennington v. Oliver, 245 Ark. 251 , 431 S.W.2d 843 (1968), Ops. Att'y Gen. … See, e.g., A.C.A. § 24-11-405 (b) (authorizing members of local police pension boards to hold over in their board positions until their successors are elected and qualified).
Cited 0 timesPublishedArkansas Attorney General Reports · Aug 11, 2008
. § 16-90-902 , commonly referred to as the "Uniform Expungement Act," which provides as follows: (a) An individual whose record has been expunged in accordance with the procedures established by this subchapter shall have … See also , A.C.A. § 7-6-102 (". . . a person shall be qualified to be a candidate for . . . township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance
Cited 0 timesPublishedArkansas Attorney General Reports · Feb 16, 2007
. § 25-19-105 (c)(2) establishes that these records would be subject to disclosure to you from your own file even if the other employee might have been able to avoid their disclosure to a member of the public. See Ark. … Att'y Gen. 96-257 and 96-033 (concluding that records must be initially generated and created in the evaluation process to qualify as "employee evaluation or job performance records," and may not become such simply by later
Cited 0 timesPublishedArkansas Attorney General Reports · Nov 4, 2008
RESPONSE In my opinion, the answer to your first question is a qualified "yes." … It is well settled that we will not overturn a decision in the trial court to grant a petition to revoke unless it is clearly against the preponderance of the evidence. Cureton v.
Cited 0 timesPublishedArkansas Attorney General Reports · Nov 19, 2002
RESPONSE In my opinion, the state can clearly impose property tax on government property that has been conveyed to a private party by land patent. … There, as here, the plaintiffs attempted to establish superior title to the property foreclosed upon by their mortgagee, the Peoples Bank.
Cited 0 timesPublishedArkansas Attorney General Reports · Aug 23, 2006
Second, the applicable statute in such judicial actions, A.C.A. § 7-5-207 (b), requires a candidate for office, with certain exceptions not applicable here, to be "qualified and eligible at the time of filing as a candidate … Applying this definition clearly requires reference to the surrounding facts. Id. at 3. See also Ops. Att'y Gen. 98-095 ; 98-288; 97-359; and 93-324.
Cited 0 timesPublishedArkansas Attorney General Reports · Mar 19, 2010
This authority is qualified by the requirement that the land to be annexed fall within one or more of various conditions set forth in A.C.A. § 14-40-302 (Supp. 2009). A.C.A. § 14-40-501 (b)(1). … Subsection (a)(2) provides that a positive vote will establish a "prima facie case for annexation" and directs the city to "proceed to render services to the annexed area."
Cited 0 timesPublishedArkansas Attorney General Reports · Jul 18, 2001
The problem is that these methods do not provide sufficient guidance for establishing the taxpayer's entitlement to such repayment. … The third method (in Section 3(a)(3)) provides for no required process of establishing entitlement to the payment.
Cited 0 timesPublishedArkansas Attorney General Reports · Apr 14, 2000
The Court noted that while preventing corruption qualifies as a compelling state interest, the state had not demonstrated any actual corruption to be remedied. Id. … Burris, 146 F.3d 563 (8 th Cir. 1988), it is clearly the case that constitutionally acceptable limits can be imposed through legislation. See Nixon v.
Cited 0 timesPublishedArkansas Attorney General Reports · Jun 29, 1998
It is well-established that the acts of de facto officers are valid. Chronister v. State, 55 Ark. App. 93 , 931 S.W.2d 444 (1996); Ops. Att'y Gen. Nos. 97-257 ; 97-003. … Real property owned by an improvement district would clearly constitute an improvement of the district, or a part thereof, within the meaning of the above-quoted statute.
Cited 0 timesPublishedArkansas Attorney General Reports · Nov 17, 2000
Applying these principles, I believe subsection (d), which fails to mention any absolute time frame within which previous offenses must have occurred in order to warrant a penalty enhancement, must be read as qualified by … In short, then, I believe subsection (d) establishes only the fact of retroactive effect, whereas subsection (b) establishes the term of that effect. There is consequently no inconsistency between the two on this score.
Cited 0 timesPublishedArkansas Attorney General Reports · Jun 19, 2001
(A) Circuit Courts are established as the trial courts of original jurisdiction of all justiciable matters not otherwise assigned pursuant to this Constitution. … To the extent he thereafter files for election for this same circuit judgeship at the next ensuing election, he clearly will be attempting to "succeed himself" as a former "circuit judge."
Cited 0 timesPublishedArkansas Attorney General Reports · Feb 16, 2007
In this regard, I am concerned that the bill may be vulnerable to legal challenges due to the absence of certain safeguards that have immunized similar legislation in other jurisdictions from attack on separation of powers … Accordingly, while the legislature clearly possesses the authority and responsibility to appropriate state funds and to designate the purpose(s) for which such funds may be expended, it is equally clear the legislature may
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