Case law

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 26, 1996

    commission to which the board's appointive power extends. … See Langford v. Brand, 274 Ark. 426 , 428-429 , 626 S.W.2d 198 (1982). Under subsection (1), a city manager may supervise and control city employees only to the extent provided for by ordinance. See generally Op.

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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 · Aug 27, 1997

    The intent of the bill, you state, was to include a representative of that group of officials on the board. … Dept. of Human Serv. v. Wilson, 323 Ark. 151 , 913 S.W.2d 783 (1996); Caplenger v. Bluebonnet Mill. Co. , 322 Ark. 751 , 911 S.W.2d 586 (1995).

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 9, 2001

    The Arkansas courts have long interpreted this general statute as allowing school boards wide latitude in governing their districts. See, e.g., Safferstone v. … Tucker, 235 Ark. 70 , 72 , 357 S.W.2d 3 , 4 (1962); Isgrig v. Srygley, 210 Ark. 580 , 197 S.W.2d 39 (1946). See also Springdale Board of Education v.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 17, 1987

    The third member of a county board of election commissioners is appointed by the State Board of Election Commissioners from a list of five (5) names submitted to the State Board of Election Commissioners by the county committee … In Faulkner v.

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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 · Apr 15, 1991

    Const. § 47.33 (4th ed. 1984); Bell v. Board of Directors, 109 Ark. 433 , 160 S.W. 390 (1913). Thus, a proviso is usually construed to apply to the immediately preceding provision or clause. 2A Sutherland, supra. … Const. § 47.15; Duty v. City of Rogers Benton County, 225 Ark. 309 , 500 S.W.2d 347 (1973).

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 10, 1993

    In Field v. … While Field v. Board of Trustees, supra, is not controlling authority in Arkansas, the court's reasoning is persuasive.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 9, 1988

    Laman v. McCord, 245 Ark. 401 , 432 S.W.2d 753 (1968). 3. … Davis v. Churchill County School Board, 616 F. Supp. 1310 (D.C. Nev. 1985). I can find no case law indicating that a student's right to privacy is violated by a public hearing.

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  • Opinion No.

    Arkansas Attorney General Reports · Jun 22, 1988

    As noted by the Arkansas Supreme Court in the case of Christenson v. … The court in Christenson v. Felton also recognized that ". . . as a legal proposition, a voter must vote in the ward or precinct in which he resides." 226 Ark. at 986 ; citations omitted.

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  • Opinion No.

    Arkansas Attorney General Reports · Jun 30, 1992

    McGee v. Amorel Public Schools, 309 Ark. 59 , S.W.2d (1992). In my opinion, Section 17-50-102 clearly sets out all of the exceptions that qualify, and contains no ambiguity. Additionally, in Gosnell v. … See Hogue v. Housing Authority of North Little Rock, 201 Ark. 263 , 144 S.W.2d 49 (1940); McArthur v. Smallwood, 225 Ark. 328 , 281 S.W.2d 428 (1955). It does not, however, have the power to legislate. Id.

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 3, 2003

    Bush: I am writing in response to your request for an opinion concerning membership on the Board of Trustees of the Arkansas Local Police Fire Retirement System ("Board"). … Sincerely, MIKE BEEBE Attorney General MB:EAW/cyh 1 See Stafford v.

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  • 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.)

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 12, 2007

    . § 18-12-103 (Repl. 2003) and Knowles v. Anderson , 307 Ark. 393 , 821 S.W.2d 466 (1991). … Matthews v. Martin , 280 Ark. 345 , 658 S.W.2d 374 .

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 3, 1993

    Supp. 1993) sets forth the qualifications for members of school district boards. … Knapp v. State, 283 Ark. 346 , 676 S.W.2d 433 (1984).

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  • Opinion No.

    Arkansas Attorney General Reports · Dec 10, 2002

    See Civil Service Commission of North Little Rock v. McDougal, 198 Ark. 388 , 129 S.W.2d 589 (1939) and Malvern Civil Service Commission v. … that can appropriately be decided in the first instance by the board or the city manager.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 24, 2003

    Longstreth: I am writing in response to your request, on behalf of the Arkansas Professional Bail Bond Company and Professional Bail Bondsman Licensing Board ("Board"), that I reconsider an opinion recently issued in response … Bd. v. Bolding, 324 Ark. 238 , 920 S.W.2d 825 (1996). A necessary caveat attends this conclusion, however.

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 9, 1999

    It is my opinion that the Board's determination is not contrary to other laws or to opinions previously rendered. … State Medical Bd. v. Bolding, 324 Ark. 238 , 920 S.W.2d 825 (1996). For these reasons, I conclude that the Board's determination concerning A.C.A. § 24-8-705 (b)(1) is not contrary to law.

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 17, 1994

    Does the Board Rule #10 adopted by the Arkansas Fire and Police Pension Review Board follow the intent of the law? House Bill 1624 and Act 1004 of 1993? 2. … See Ramsey v. Department of Human Services, 301 Ark. 284 , 783 S.W.2d 361 (1990); Arkansas Contractors Licensing Bd. v. Butler, 295 Ark. 223 , 748 S.W.2d 129 (1988).

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 24, 2000

    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.

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