Case law

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 20, 2000

    See generally, Lanier v. Norfleet, 156 Ark. 216 , 245 S.W. 498 (1922); State ex rel. Gray v. Hodges, 107 Ark. 272 , 154 S.W. 506 (1913); and Sonfield v. Thompson, 42 Ark. 46 (1883). … Another case to the same effect is Brown v. Anderson, 210 Ark. 970 , 198 S.W.2d 188 (1946).

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 21, 1994

    Oliver: This is in response to your request for an opinion concerning several complaints received by the Pulaski County Board of Election Commissioners subsequent to the November 8, 1994, general election. … Files v. Hill, 268 Ark. 106 , 117 , 594 S.W.2d 836 (1980). This will only be done where the alleged irregularities are "sufficient to render the outcome of the election really uncertain. . . ." Id.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 24, 1998

    . § 6-19-102 states in pertinent part: (a) The board of directors of each school district in the state is authorized to purchase vehicles and otherwise provide means for transporting pupils to and from school, when necessary … See, e.g. , King v. Cochran, 419 F.Supp. 54 (W.D. Ark. 1976), aff'd 551 F.2d 1133 ; Safferstone v. Tucker, 235 Ark. 70 , 357 S.W.2d 3 (1962).

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 5, 1990

    It must be noted in this regard that the duties of county boards of election commissioners are often described as ministerial in nature. See e.g., Starrett v. … Andrews, 195 Ark. 1078 , 115 S.W.2d 549 (1938); Missouri Pacific Railroad Company v. McCracken, 196 Ark. 311 , 117 S.W.2d 345 (1938); State v.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 23, 1999

    In Muse v. Prescott School Dist., 233 Ark. 789 , 349 S.W.2d 329 (1961), the court addressed the question of whether a school district is a "state agency." In analyzing the question, the court considered various factors. … The ATRS Board is also required by law to arrange for surety bonds covering the executive director and any other custodian of the fund or investments of the Board, and the bonds are required by state law to be deposited in

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 23, 1995

    In Oates v. … More recently, in Spradlin v.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 27, 2008

    Brown State Representative 1001 Oakwood Drive Wynne, Arkansas 72396-1801 Dear Representative Brown: I am writing in response to your request for my opinion on the following two (2) questions regarding mineral deeds: (1) What … See Arrington v United Royalty Co. , 188 Ark. 270 , 65 S.W.2d 36 (1933); Watts v. England , 168 Ark. 213 , 269 S.W. 585 (1925).

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 9, 1996

    See Langston v. Johnson, 255 Ark. 933 , 504 S.W.2d 349 (1974); McCoy v. Story, 243 Ark. 1 , 417 S.W.2d 954 (1967); McDoniel v. Edwards ; 198 Ark. 288 , 128 S.W.2d 1007 (1939); Simpson v. … See generally, Wood v. Miller, 154 Ark. 318 , 242 S.W.2d 573 (1922), Hill v.

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  • Opinion No.

    Arkansas Attorney General Reports · Mar 8, 2004

    Magnolia School District No. 14 v. Arkansas State Board of Education, 303 Ark. 666 , 799 S.W.2d 791 (1990), citing Rainwater v. Hays, 244 Ark. 1191 , 428 S.W.2d 254 (1968). The court in Magnolia also cited Taylor v. … Matthews, 75 S.E. 166 (1912), which had previously been cited with approval in Board of Education of Lonoke County v.

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  • Opinion No.

    Arkansas Attorney General Reports · Nov 10, 1993

    Loan Assoc. v. Searcy, 221 Ark. 360 , 253 S.W.2d 211 (1952)), my research has not yielded general authority for a city dissolving a district independent of the board of commissioners. 2. … Bourland v. Coleman, 187 Ark. 392 , 396 , 60 S.W.2d 1021 (1933). As a general matter, therefore, it may be stated that a board of improvement is not under the supervision and control of the city council.

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 31, 1998

    The Arkansas Supreme Court interpreted the above-quoted statutes in Graham v. Forrest City Housing Authority, 304 Ark. 632 , 803 S.W.2d 923 (1991). … Under the holding of Graham v.

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 3, 1992

    See also generally, State Highway Commission of Colorado v. … See A.C.A. § 8-9-403 (d)(5), and Kettell v. Johnson and Johnson, 337 F. Supp. 892 (E.D. Ark. 1972).

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 26, 1992

    You state that the Contractor's Licensing Board ("Board") is including the cost of the materials, even if they are furnished by the general contractor, in determining whether the subcontractor must be licensed. … Sincerely, WINSTON BRYANT Attorney General WB:cyh Enclosure 1 Arkansas Contractors Licensing Board v. Butler, 295 Ark. 223 , 748 S.W.2d 129 (1988).

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 21, 1987

    Municipal Corporations 2119; Federal Deposit Insurance Corp. v. Casady, 106 F.2d 784 (C.C.A. Okl.). As a general matter, therefore, the answer to the first question is no. … Johnson v. Dermott, 189 Ark. 830 , 75 S.W.2d 243 (1934). This leads to the conclusion that the city may use surplus garbage removal revenue for other municipal purposes.

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  • Opinion No.

    Arkansas Attorney General Reports · Feb 29, 2000

    In City of Paris v. … In Pogue v.

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 4, 1994

    If not, does the Sebastian County Board of Election Commissioners have the authority to remove this independent candidate's name from the ballot, which seems to be inappropriate in view of State v. … It thus appears that the board of election commissioners must determine the prima facie sufficiency of the petition. See generally Carroll v. Schneider, 211 Ark. 538 , 201 S.W.2d 221 (1947) and Swiderski v.

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 25, 1989

    As can be seen from the statute, a delinquent tax collector can be appointed by the board described in A.C.A. 14-20-113 , but the collector will be appointed to collect all county taxes, and not just those of one particular … It should also be noted that the remuneration payable to any person appointed by the board cannot be calculated upon a "fee compensation basis". Bahil v. Scribner, 265 Ark. 834 , 581 S.W.2d 334 (1979).

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  • Opinion No.

    Arkansas Attorney General Reports · Oct 31, 1995

    See FTC v. Flotil Products, Inc., 389 U.S. 179 (1967), cited in Mad Butcher, supra, 4 Ark. App. at 130 . … See also A.C.A. §§ 14-47-123 (a)(1) (1987) and 14-48-120 (a)(1) (1987) ("[a] majority of the elected membership of the board of directors. . . .")

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  • Opinion No.

    Arkansas Attorney General Reports · Jul 9, 1991

    See, Arkansas Constitution, Art. 12 , § 5 , and most recently, City of Jacksonville v. Venhaus, 302 Ark. 204 , 788 S.W.2d 478 (1990). … See generally, Arkansas Uniform Linen Supply Co. v.

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  • Opinion No.

    Arkansas Attorney General Reports · May 10, 1990

    Co. v. Pireno, 458 U.S. 119 , 132 (1982). "Whether the claim will be paid or not is dependent on the terms and conditions of the insurance contract and its enforcement." Alleghany Corp. v. Pomeroy, 700 F. … Additionally, the scope of chiropractic is defined by statute and there would be no authority for the Arkansas State Board of Chiropractors to expand that definition by resolution. See, generally, People v.

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