Case law

Opinion No.

Arkansas Attorney General Reports · Apr 1, 1988

Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). … Marling v. City of Little Rock, 245 Ark. 876 , 435 S.W.2d 94 (1968); Herring v. Stannus, 169 Ark. 244 , 275 S.W.2d 321 (1925).

Opinion No.

Arkansas Attorney General Reports · May 23, 2007

The Board has promulgated standard bylaws in the Board Manual and it is stated that "All burial associations shall have and maintain by-laws embodying" the provisions set out in the Board's standard bylaws. … See Thompson v. White River Burial Association, 178 F.2d 954 (8th Cir. 1950) (Emphasis added).

Opinion No.

Arkansas Attorney General Reports · Apr 24, 1990

Historically, the Supreme Court of Arkansas appears to have presumed in its opinions that write-in candidates could be elected to school board positions. In Bennett v. … The court in Clement v.

Opinion No.

Arkansas Attorney General Reports · Nov 5, 1991

Fagan Electric Co., Inc. v. The Housing Authority of the City of Blytheville, 216 Ark. 932 , 228 S.W.2d 39 (1950). … In either case, and in contrast to local housing authorities, the city council exercises authority over the board or commission, (A.C.A. §§ 14-201-104 and 14-201-206 ), and acts to fill vacancies on the board or commission

Opinion No.

Arkansas Attorney General Reports · Aug 15, 2001

The phrase "[d]ecisions of the board in respect to the above" does not, however, in my opinion, encompass so-called "conditional uses." … See also Rolling Pines v. City of Little Rock, 73 Ark.

Opinion No.

Arkansas Attorney General Reports · Oct 20, 1997

Jones v. American Home Life Ins. Co. , 293 Ark. 330 , 738 S.W.2d 387 (1987); Op. Att'y Gen. 96-348 . Municipal corporations are not authorized to pass any law contrary to the general laws of the state. Ark. … Att'y Gen. 96-247 ; Cox v. City of Caddo Valley, 305 Ark. 155 , 806 S.W.2d 6 (1991); A.C.A. § 1-2-203 (Repl. 1996).

Opinion No.

Arkansas Attorney General Reports · May 29, 1987

of education are sued because of actions taken by the board, is it the duty of the prosecuting attorney for the county (or his deputy) to defend the board? … As a caveat, your attention is directed to McCuen v.

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2008

Sanderson v. … See also Yates v. Sturgis , 312 Ark. 397 , 849 S.W.2d 523 (1993) ( citing Sanderson, supra ). Provision 1 thus does no more than acknowledge the application of state law.

Opinion No.

Arkansas Attorney General Reports · Jun 20, 1997

See Hays v. McDaniel, 130 Ark. 52 , 196 S.W. 934 (1917). … See Mears v. Hall, 263 Ark. 827 , 569 S.W.2d 91 (1978). See also Stayton v. Paschall, 9 F.2d 109 (D.C. Ark. 1925).

Opinion No.

Arkansas Attorney General Reports · Jun 10, 2008

See, e.g., Memphis Trust Co. v. St. … Uniform Linen Supply Co. v. Inst. Serv. Corp. , 287 Ark. 370 , 373 , 700 S.W.2d 358 (1985) (noting the court's statement, in dictum , in Adams v.

Opinion No.

Arkansas Attorney General Reports · Dec 7, 2005

Clark, Executive Director Arkansas Fire Police Pension Review Board 620 West Third Street, Suite 200 Little Rock, AR 72201-2212 Dear Mr. … See Campbell v. State, 311 Ark. 641 , 846 S.W.2d 639 (1993); Chrisco v. Sun Industries, 304 Ark. 227 , 800 S.W.2d 717 (1990). See also Hattison v. State, 324 Ark. 317 , 920 S.W.2d 849 (1996) and Baumer v.

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2002

See Ashcraft v. Cox, 310 Ark. 703 , 839 S.W.2d 219 (1992). It has also been stated that it is the province of courts to see that every legal vote cast is counted where the possibility exists. Cain v. … See Meyers v. Jackson, 390 F.Supp. 37 (E.D. Ark. 1975) (holding the precinct durational residency requirement unconstitutional); see also generally State v. Craighead County Bd.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2008

See also, Hannah v. Deboer , 311 Ark. 215 , 843 S.W.2d 800 (1992). … See, e.g., Butler v. Board of Directors , 99 Ark. 100 , 137 S.W. 251 (1911) and Curlin v. Harding Drain Improvement District , 221 Ark. 412 , 252 S.W.2d 345 (1952).

Opinion No.

Arkansas Attorney General Reports · Sep 5, 2008

Att'y Gen. 2003-349 at 4, quoting Magnolia School District No. 14 v. … See generally Bunch v.

Opinion No.

Arkansas Attorney General Reports · Jun 6, 2005

If such an agreement is entered, the local pension fund would be administered by the LOPFI board, thereby placing the money in the local fund within the administration of the LOPFI board. See Op. Att'y Gen. 96-192 . … See generally Cross v.

Opinion No.

Arkansas Attorney General Reports · Mar 29, 1990

The case of Williams v. Douglas, 251 Ark. 555 , 473 S.W.2d 896 (1971) offers guidance in this regard wherein the Arkansas Supreme Court construed, and reconciled, Section 7 and Section 10 of Article 5. … It was contended in Williams v. Douglas, supra, that a school board member is excepted from the ban of Article 5, 10 by the provisions of Article 5, 7, supra. 251 Ark. at 556 .

Opinion No.

Arkansas Attorney General Reports · Oct 29, 1993

Your questions will be restated and answered in the order posed and, per your direction, your references to the Guaranty Fund will be taken to mean the Guaranty Fund Board of Directors. … McArthur v. Smallwood, 225 Ark. 328 , 281 S.W.2d 428 (1955). The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.

Opinion No.

Arkansas Attorney General Reports · Jun 2, 1994

See generally Stewart v. Hunnicutt, 178 Ark. 829 , 12 S.W.2d 418 (1929) and Rubens v. Hodges, 310 Ark. 451 , 837 S.W.2d 465 (1992). … It must be recognized that according to the Arkansas Supreme Court, a county board of election commissioners is a "ministerial entity" and does not have judicial power. State v.

Opinion No.

Arkansas Attorney General Reports · Aug 10, 1993

See e.g., McGee v. Armorel Public Schools, 309 Ark. 59 , 827 S.W.2d 137 (1992). But see City of Fort Smith v. Tate, 38 Ark. App. 172 , 832 S.W.2d 262 (1992), aff'd 311 Ark. 405 , 844 S.W.2d 356 . … See Urrey Ceramic Tile Co. v. Mosley, 304 Ark. 711 , 805 S.W.2d 54 (1991).

Opinion No.

Arkansas Attorney General Reports · Jan 3, 1991

Because your question references the "Board of Directors" of a "volunteer fire district" (emphasis added), we will assume that it is asked with reference to the board of commissioners of a fire protection district formed … While one might contend that these positions are "incompatible" (see generally Byrd v.