Case law

Opinion No.

Arkansas Attorney General Reports · Oct 7, 1996

In Marsh v. … See Brown v. Louisiana, 383 U.S. 131 (1966).

Opinion No.

Arkansas Attorney General Reports · Jul 24, 1992

Rather, the issues you raise should be resolved (short of resort to the judiciary), through the exercise of the broad discretion vested in the local school boards. … See Safferstone v.

Opinion No.

Arkansas Attorney General Reports · Nov 20, 2003

See e.g., Tyma v. Montgomery County, 369 Md. 497 , 801 A.2d 148 (2002); Lowe v. Broward County, 766 So.2d 1199 (Fla. 2000); and Crawford v. City of Chicago, 304 Ill. App.3d 818 , 710 N.E.2d 91 (1999). … Irizarry v. Chicago Board of Education, 251 F.3d 604 (7 th Cir. 2001). See also generally, 74 A.L.R.5 th 439 ("Validity of Governmental Domestic Partnership Enactment").

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2006

Notwithstanding these conclusions, it has been held that a county board of election commissioners does not have the authority to remove a candidate's name from the ballot on the basis of such a factual dispute. … State v. Craighead County Bd. of Election Comm'rs, 300 Ark. 405 , 409 , 779 S.W.2d 169 (1989). The proper remedy in such case is a court action for mandamus coupled with a declaratory judgment. Id. See also, Hill v.

Opinion No.

Arkansas Attorney General Reports · Apr 17, 2009

Bunch v. State , 344 Ark. 730 , 736 , 43 S.W.3d 132 (2001); Jones v. State , 333 Ark. 208 , 969 S.W.2d 618 (1998). … See, e.g., Quality Fixtures v.

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1994

See Klinger v. City of Fayetteville, 293 Ark. 128 , 732 S.W.2d 859 (1987). As Mr. … See Klinger v. City of Fayetteville, 293 Ark. 128 , 732 S.W.2d 859 (1987); Smith v. City of Springdale, 291 Ark. 63 , 722 S.W.2d 569 (1987).

Opinion No.

Arkansas Attorney General Reports · Jul 22, 2008

which is the codification in part of Act 833 of 1991 : No rural volunteer fire department or district shall receive payments or disbursements from the Fire Protection Premium Tax Fund unless the county quorum court and the board … The statute must be construed as constitutional, if possible, see Jones v. State , 333 Ark. 208 , 969 S.W.2d 618 (1998).

Opinion No.

Arkansas Attorney General Reports · May 13, 2004

The question of whether this condition has been satisfied is a question of fact that the Board is in the best position to determine. … Moreover, the Board's decision as to whether the condition has been satisfied will be upheld unless it is clearly wrong. Cave City Nursing Home, Inc. v.

Opinion No.

Arkansas Attorney General Reports · Jul 31, 1995

. § 14-14-705 wherein it states: BOARDS GENERALLY. (A) No board member, either advisory or administrative, shall be appointed for more than two (2) consecutive terms. A.C.A. § 14-14-705 (3)(A) (1987). … See Wilcox v. Safley, 298 Ark. 159 , 766 S.W.2d 12 (1989). In my opinion, the prohibition in § 14-14-705 (3)(A) against appointing a board member for more than two consecutive terms is clear.

Opinion No.

Arkansas Attorney General Reports · Jul 9, 1997

See City of Fayetteville v. Edmark, 304 Ark. 179 , 801 S.W.2d 275 (1990); see also Op. Att'y Gen. … Rev. 741 , 764 (1984); see also Depoyster v. Cole, 298 Ark. 203 , 766 S.W.2d 606 (1989 ); Rehab Hosp. Serv. Corp. v.

Opinion No.

Arkansas Attorney General Reports · Jul 11, 1994

The Honorable V. O. "Butch" Calhoun State Representative P.O. … Section 27-50-1203 of the Arkansas Code authorizes the Arkansas Towing and Recovery Board to "employ and discharge a secretary who shall be the treasurer."

Opinion No.

Arkansas Attorney General Reports · Nov 28, 2006

City of Fayetteville v. Edmark, 304 Ark. 179 , 801 S.W.2d 275 (1990) (private attorneys retained by city); Ops. Att'y Gen. … Using Rehab Hospital Services, Corp. v.

Opinion No.

Arkansas Attorney General Reports · May 27, 1993

You have attached the relevant documentation, and have asked whether the State Board of Parole and Community Rehabilitation ("Board") has the authority to issue an expungement in this particular instance. … See State v. Grubbs, Wash. Co. Cir. Ct. No. CR 76-153.

Opinion No.

Arkansas Attorney General Reports · Jun 14, 1996

See, e.g., Uilkie v. State, 309 Ark. 48 , 827 S.W.2d 131 (1992); Berry v. Gordon, 237 Ark. 547 , 376 S.W.2d 279 (1964). … See, e.g., Henson v. Fleet Mortgage Co., 319 Ark. 491 , 892 S.W.2d 250 (1995).

Opinion No.

Arkansas Attorney General Reports · Aug 17, 2001

County boards of election commissioners are ministerial officers and are not charged or invested with powers of discretion over such substantive legal matters. See, e.g., State v. … The Board may, however, institute judicial proceedings to determine the issue ( cf. Jacobs v.

Opinion No.

Arkansas Attorney General Reports · Feb 6, 1989

Arkansas State Licensing Board for General Contractors v. Lane, 214 Ark. 312 , 215 S.W.2d 707 (1948). Another distinction made in determining who falls under the definition is that of contractor versus subcontractor. … What is left a little unclear by Bird, and what is arguably undecided in Arkansas Contractors Licensing Board v.

Opinion No.

Arkansas Attorney General Reports · Dec 22, 2005

. § 14-14-908 (e) and (f) (Repl. 1998) and Henderson v. Russell, 267 Ark. 140 , 589 S.W.2d 565 (1979). … A.C.A. § 14-17-205 (a) (Repl. 1998). 2 A planning board's specific authority includes the following: The board may prepare and recommend an official plan for the development of the county.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

Harlow v. Fitzgerald, 457 U.S. 800 (1982). … Under the provisions of A.C.A. § 6-61-523 , the boards of community colleges are empowered to "enter into contracts."

Opinion No.

Arkansas Attorney General Reports · Oct 12, 1993

Hoban v. Hall, 229 Ark. 416 , 417 , 316 S.W.2d 185 (1958); Becker v. Riviere, 270 Ark. 219 , 223 , 226 , 604 S.W.2d 555 (1980). … Becker v. McCuen, 303 Ark. 482 , 798 S.W.2d 71 (1990) citing Leigh v. Hall, 232 Ark. 558 , 339 S.W.2d 104 (1960).

Opinion No.

Arkansas Attorney General Reports · Nov 8, 2005

criticism of a board. … Is not the public entitled to know why a board adopts certain rules or regulations? The "why" is the essence of the action taken. Arkansas Gazette Co. v.