Case law

Opinion No.

Arkansas Attorney General Reports · Sep 10, 2002

See, e.g., Arthur v. Zearley, 320 Ark. 273 , 895 S.W.2d 928 (1995). … Const., Art. 4 , §§ 1 and 2 ) similar to the one that led the court to strike down legislation in Chaffin v. Arkansas Game and Fish Commission, 296 Ark. 431 , 757 S.W.2d 950 (1988).

Opinion No.

Arkansas Attorney General Reports · Oct 29, 2004

(50%) of the regular meetings of the board held during a calendar year while he is a qualified member of the board, shall be deemed to have resigned. … Gen. 2004-253 , citing Johnson County Board of Election Commissioners v. Holman, 280 Ark. 128 , 655 S.W.2d 408 (1983).

Opinion No.

Arkansas Attorney General Reports · Jan 28, 1987

Generally, if a Director is elected to the Board but is not notified and does not accept his election nor participate in relevant meetings, he will not be liable for the Board's action. … In LeMay v.

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 · Aug 6, 1996

, the board may contract or lease the equipment and hospital facilities to the individual, firm, or corporation for such period of time and for such consideration and conditions as the board may deem wise, subject to approval … See generally Sebastian County Equalization Bd. v. Western Ark. Counseling Guidance Ctr., Inc. 296 Ark. 207 , 752 S.W.2d 755 (1988), citing Burgess, Judge v.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 1997

, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this paragraph; (v) … See Young v. Rice, 308 Ark. 593 , 826 S.W.2d 252 (1992).

Opinion No.

Arkansas Attorney General Reports · Jul 6, 1993

See A.C.A. § 14-51-301 (b)(1)(A), as amended by Act 206 of 1993, Connor v. Ricks, 212 Ark. 833 , 208 S.W.2d 10 (1948), and Op. Att'y Gen. No. 88-116 (copy enclosed). … The removal must be approved by the board.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 1991

See A.C.A. §§ 14-43-307 and 14-44-103 ; see also Owen v. Dalton, 296 Ark. at 368 (Hays, S., dissenting); Acts 1987, No. 840, 3. … court in Owen v.

Opinion No.

Arkansas Attorney General Reports · Oct 1, 2002

It has also been stated that: "In fact, the board does not have the authority to declare a candidate ineligible and remove his name from the ballot when there is a dispute concerning the facts or the law." State v. … This is particularly true in my opinion, in light of the Arkansas Supreme Court's "reluctan[ce]" over the years to allow a board of election commissioners to remove a candidate's name from a ballot. See State 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 · Jan 30, 2006

See, e.g., Parker v. State, 265 Ark. 134 , 577 S.W.2d 414 (1979). … The Board does not specify the meaning of a dangerous weapon and any determination of whether a weapon is a dangerous weapon would need to be analyzed by an appropriate finder-of-fact. See, e.g., State v.

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 · Sep 23, 1991

Thomas v. Sitton, 213 Ark. 816 , 212 S.W.2d 710 (1948), and Davis v. Holt, 304 Ark. 619 , 804 S.W.2d 362 (1991). … See, e.g., Grivetti v. Illinois State Electoral Board, 335 F.Supp. 779 (N.D. Ill. 1971), aff'd. 406 U.S. 913 (1972).

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1995

Lakeside Special School District of Chicot County v. Gaines, 202 Ark. 778 , 153 S.W.2d 149 (1941). … See generally, Davis v. White, 171 Ark. 385 , 284 S.W.2d 764 (1926) (urban school districts could issue bonds without the consent of a majority of the legal voters) (decision under prior law).

Opinion No.

Arkansas Attorney General Reports · May 10, 1990

The Board requires that each member association have and maintain rules and by-laws with contents prescribed by the Burial Association Board. See A.C.A. 23-78-115 . … Co. v. Sergeant, 266 Ark. 611 , 588 S.W.2d 419 (1979) and again in Gregg Burial Association v. Emerson, 289 Ark. 47 , 709 S.W.2d 401 (1986).

Opinion No.

Arkansas Attorney General Reports · Oct 16, 1997

This construction is supported by the case of Troutt Brothers, Inc. v. … See, e.g. , Student Bar Association v.

Opinion No.

Arkansas Attorney General Reports · Aug 11, 1995

See also Christenson v. … I have found no prohibition, however, against the entire school district being designated by the County Board of Election Commissioner as one precinct for purposes of the school election. 1 Cf.

Opinion No.

Arkansas Attorney General Reports · Mar 26, 1991

See Opinion No. 87-080, a copy of which is enclosed, and Commercial Printing Company v. Rush, 261 Ark. 468 , 549 S.W.2d 790 (1977). The executive session must revolve around a specific individual or individuals. … The school board's own rules of internal procedure, however, should be consulted. See generally, Yandell v. Havana Board of Education, 266 Ark. 434 , 585 S.W.2d 927 (1979).

Opinion No.

Arkansas Attorney General Reports · Apr 5, 2006

As the court noted in Arkansas Health Services Commission v. … Department of Human Servs. v. Berry, 297 Ark. 607 , 764 S.W.2d 437 (1989) (citing Arkansas Pharmacists Assoc. v. Harris, 627 F.2d 867 (8th Cir. 1980)).

Opinion No.

Arkansas Attorney General Reports · Sep 14, 1989

The act gives the Plant Board authority to adopt regulations relating to time, place, manner, amount, concentration, or other conditions under which pesticides may be distributed or applied and also gives the Board authority … See generally, Smoot v. Village of Laurel Hollow, 471 N.Y.S.2d 128 , 98 A.D. 216 (1983), and 41 Oregon Op. Atty. Gen. 21 (1980). But cf. Deukmejian v. County of Mendocino, 204 Cal.Rptr. 897 , 683 P.2d 1150 (1984).