Case law

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).

Opinion No.

Arkansas Attorney General Reports · May 4, 2011

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. … You suggest that in Phase III of the "study," the county co-op boards of directors will elect the CHA board.

Opinion No.

Arkansas Attorney General Reports · May 29, 2003

The board was then responsible for making "its levy against the real and personal property of such city sufficient to raise and provide the sum of money estimated and certified by the "Board," but not exceeding one mill. … McLaughlin, Trustee v. Lovett, 204 Ark. 708 , 714 , 163 S.W.2d 826 (1942).

Opinion No.

Arkansas Attorney General Reports · Nov 14, 1996

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). … Henderson v. Fleet Mtg. Co. , 319 Ark. 491 , 892 S.W.2d 250 (1995).

Opinion No.

Arkansas Attorney General Reports · Aug 26, 1992

Erxleben v. Horton Printing Co., 283 Ark. 272 , 675 S.W.2d 638 (1984) (Purtle, J. dissenting). As such, it does not require a city hospital commission to purchase such supplies on competitive bids. … a bid approved by the city administrator and by the board.

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

See Reed v. Glover, 319 Ark. 16 , 889 S.W.2d 729 (1994). … The board of trustees may reasonably employ such strategies to encourage private support of public higher education.

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 25, 1989

It is significant to note in this regard that the Board of Trustees is authorized and empowered under A.C.A. 6-62-302 to "[c]onstruct buildings, structures, parking facilities, or other improvements which the board deems … See also, Lindsay v. White, 212 Ark. 541 , 206 S.W.2d 762 (1947).

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 · Jun 30, 1987

This authority is also reflected in 48-1410(c), and in 48-1410(a)(2) which conditions the private club's serving of alcohol on its acquisition of a permit from the Board ". . . in such form as the Board may appropriately … See Arkansas ABC Board v.

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2000

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. … Arkansas Contractors Licensing Bd., 312 Ark. 401 , 405 , 849 S.W.2d 948 (1993); Pledger v. Boyd, 304 Ark. 91 , 799 S.W.2d 807 (1990); Arkansas Department of Human Services v.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1999

But unless the object of the bus chartering business is somehow germane to the purpose of the board's power to arrange student transportation, (see generally Safferstone v. … The courts have, admittedly, consistently recognized the school boards' wide discretion with regard to the conduct of schools in their districts. See generally King v. Cochran, 419 F.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2002

In a more recent case, State Board of Workforce Education v. … Sadler, 237 Ark. 325 , 372 S.W.2d 585 (1963) (member of State Board of Pardons and Paroles and Board of Southern State College); Jones v.

Opinion No.

Arkansas Attorney General Reports · Dec 6, 1996

Can the Board of Trustees of the Teacher Retirement System require members, seeking to place an item on the board's agenda, to place their social security numbers on the agenda item request form? … See Krebs v. Rutgers, 797 F. Supp 1246 (D.N.J. 1992). As stated in Krebs, supra, Section 7 extends to state and local "agencies," without any further indication of how these "agencies" are to be defined. 797 F.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1988

the procedure for removing any board member and for filling vacancies. … See, e.g., McArthur v. Smallwood, 225 Ark. 328 , 333 , 281 S.W.2d 428 (1955).

Opinion No.

Arkansas Attorney General Reports · Jul 29, 1998

You note that some school board members apparently think that annual increases in the salaries of school superintendents are mandated by law while others think such increases are discretionary with the respective school boards … See also Hampton School District v. Phillips, 251 Ark. 90 , 470 S.W.2d 934 (1971). I have found no provision of law which mandates annual salary increases for superintendents.

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1993

Bolden v. Watt, 290 Ark. 343 , 719 S.W.2d 428 (1986). … See Clinton v. Bonds, 306 Ark. 554 , 816 S.W.2d 169 (1991); Davis v. Schimmel, 252 Ark. 1201 , 482 S.W.2d 785 (1972).

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2001

Marshall v. Holland, 168 Ark. 449 , 270 S.W. 609 (1925) (upholding statute creating the office of county auditor). … See generally Marshall v. Holland, supra, and Little River County Board of Education v. Ashdown, 156 Ark. 549 , 247 S.W. 70 (1923). And although the constitution establishes certain county elective offices (Ark.

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.