Case law

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2003

If, in effect, the act establishes such a presumption, I believe this must be clearly conveyed to the voter. … The amount is established under this section as "six marijuana plants and one ounce of usable marijuana for each qualifying patient."

Opinion No.

Arkansas Attorney General Reports · Jun 19, 1997

Code Ann. 6-17-1113 to authorize and direct ADE to establish a self-insurance fund or procure insurance policies to insure school district employees against acts or omissions from which they have not traditionally been immune … This coverage clearly is not equivalent to motor vehicle insurance coverage in the traditional sense. Rather, it is limited to coverage for the purpose set forth in A.C.A. § 6-17-1113 and described by the court.

Opinion No.

Arkansas Attorney General Reports · Jun 9, 2008

I also note with regard to this 2004 opinion, however, that my predecessor qualified the sanctioning of such an agreement by observing that Arkansas law did not specifically authorize Texas law enforcement officers to make … If an Arkansas municipality so authorizes an officer, the officer has "the same powers, duties, and immunities as a certified law enforcement officer of Arkansas who is acting in the discharge of an official duty."

Opinion No.

Arkansas Attorney General Reports · Sep 22, 2010

This may be a closer question, given that board members are elected by community college "districts" established pursuant to Ark. … College ., 76 F.3d 1437 (8th Cir. 1996) (finding community college to be an arm of the state entitled to Eleventh Amendment immunity); Ark. Op. Att'y Gen.

Opinion No.

Arkansas Attorney General Reports · Jan 28, 2003

Const. amend. 74 , establishes a 25-mill uniform ad valorem property tax "to be used solely for maintenance and operation of the schools." Ark. Const. amend. 74 (b)(1). … The fictional "repayment" to teachers of taxes never collected clearly qualifies as an expenditure of public funds on education.

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2010

Therefore, according to the statute's plain language, any "individual" or any "business entity," doing business under Arkansas law qualifies for the exemption. … Denning, Why the Privileges and Immunities Clause of Article IV Cannot Replace the Dormant Commerce Clause Doctrine , 88 Minn. L.

Opinion No.

Arkansas Attorney General Reports · Apr 25, 2005

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … However, in the present case, the identifiable public interest is not simply to establish that public employees possess skills sufficient to perform their duties, but rather to establish that the most qualified applicant

Opinion No.

Arkansas Attorney General Reports · Sep 24, 1998

While it would therefore be advisable for candidates to obtain the requisite number of signatures from qualified electors of their respective wards, I cannot conclude that the county clerk would be clearly wrong in accepting … And although § 14-42-206 admittedly establishes specific procedures for municipal candidates in mayor-council cities, it is perhaps of some significance that the language regarding "the undersigned qualified electors of Ward

Opinion No.

Arkansas Attorney General Reports · May 27, 2009

In response to your second question, I can speculate generally that the likelihood of exposure to liability will probably depend upon the success of a complaint in federal court alleging violation of clearly established rights … Senate of the Commonwealth of Pennsylvania , 154 F.3d 82 (3d Cir. 1998) (denying qualified immunity as to claim that termination of certain vested retirement benefits violated claimant's rights under the federal impairment

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2005

of a modicum of support is established in both instances by a 3% signature requirement. … Section 7-7-205 (a)(2) of the Code provides that one might establish a new political party by filing a petition containing "the signatures of qualified electors of this state equal in number to at least three percent (3%)

Opinion No.

Arkansas Attorney General Reports · Jan 31, 2000

ALL LAWS, REGULATIONS, AND REQUIREMENTS FOR THE ASSESSMENT OR COLLECTION OF TAX, AND THE CIRCUMSTANCES ARE SUCH THAT THE TAXPAYERS IN FAIRNESS AND EQUITY OUGHT NOT TO ESCAPE LIABILITY FOR THE TAX; PROVIDING THAT SOVEREIGN IMMUNITY … More specifically, this provision appears to refer to the protections established in Section 4.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2005

Clearly, being a qualified elector of the fire protection district is required for appointment to the board of commissioners. Id. … Section 14-284-201 , the first statute in the applicable subchapter, originally adopted in 1979, clearly envisions that such districts will only be established in unincorporated areas: (a)(1) Fire protection districts established

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2005

But in response to your particular question, the statute establishes no specific time period within which confirmation must occur. … qualified nominees.

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2010

I am not entirely sure I understand the factual background your question is meant to establish. Nevertheless, I will answer your question in the abstract without referencing any particular set of facts. … State law clearly requires that only three election commissioners serve on county boards of election commissioners. 1 Further, state law gives specific guidance on who may hold one of those three positions: (1) the chair

Opinion No.

Arkansas Attorney General Reports · Mar 16, 2006

In my opinion, under certain circumstances to be discussed below, a school district might clearly qualify under Act 2206 of 2005, the Arkansas Public School Academic Facilities Funding Act (the "Act"), for both bonded debt … In the event, then, that a school district were intent on purchasing property with an eye to building thereon, I believe the state might participate in funding the construction, which would clearly qualify as an "improvement

Opinion No.

Arkansas Attorney General Reports · Jun 12, 2000

If they have, the enforcement of the mowing provision would clearly be authorized and all remedies just discussed would be available. … Given the established rule that public equipment may not be used for private purposes, Needham v.

Opinion No.

Arkansas Attorney General Reports · Jul 9, 1996

The court in Davis clearly viewed art. 19, §§ 3 and 4 as requiring residence within the school district. … The zones are thus clearly established "in the interest of particular individuals or classes." See definition of "political subdivision" supra.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … Crunkleton , 303 Ark. 21 , 791 S.W.2d 794 (1990) ("Sovereign immunity is jurisdictional immunity from suit.")

Opinion No.

Arkansas Attorney General Reports · Oct 9, 2001

In a case such as this, where the statutory language is ambiguous, the established rule is that qualifying words or phrases relate only to the last antecedent where no contrary intention appears. McCoy v. … The answer to your second question is, in my opinion, clearly "yes," pursuant to the plain language of the statute.

Opinion No.

Arkansas Attorney General Reports · Jan 23, 2006

hence qualifying the contract as a "county interlocal agreement." … If my reading of this statute is correct, your proposed agreement may well not be subject to my approval despite the fact that it clearly calls for a "permanent or perpetual" relationship as that term is statutorily defined