Case law

Opinion No. (1990)

Missouri Attorney General Reports · May 30, 1990

There is hereby established within the department of mental health a division of mental retardation and developmental disabilities. The director of the division shall be appointed by the director of the department. … , which admits persons for residential habilitation and other services and which is qualified or licensed as such by the department pursuant to chapter 630, RSMo; * * * Section 633.120 , RSMo 1986, specifies the functions

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Florida Attorney General Reports · Mar 29, 1990

You state that the City of Dunedin Housing Authority was established by resolution of the city commission in 1966. … You state that the City of Dunedin Housing Authority was established by resolution of the city commission in 1966.

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Washington Attorney General Reports · Aug 16, 1996

Since the 1994 amendments to chapter 29.07 RCW, however, the FPCA clearly meets the requirements for a voter registration application. … The only question, then, is whether the FPCA form, which is of course in writing, qualifies as an "application." In our opinion, it does.

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Florida Attorney General Reports · Sep 21, 2011

person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … This definition clearly distinguishes the "local business tax" from fees or licenses which may be regulatory and which may be levied in addition to the local business tax imposed pursuant to Chapter 205 , Florida Statutes

Opinion No. 136-78 (1978)

Missouri Attorney General Reports · Jul 21, 1978

Crist, Commissioner of Finance, on the following question: "A recent enactment by the Missouri General Assembly, Senate Committee Substitute for House Committee Substitute for House Bills 896 and 897 establishes the mechanics … Subsection 1 of Section 362.395 of the act provides for publication of the required report for two successive weeks in a qualified newspaper and filing with the director of proof by affidavit of publication by the first of

Attorney General Opinion No.

Kansas Attorney General Reports · Sep 11, 1996

Clearly the compacting parties intended for employees of the tribal law enforcement agencies to be eligible for training at the Kansas law enforcement training center. … In conclusion, otherwise qualified employees of a tribal law enforcement agency of an Indian nation that has entered into a tribal-state gaming compact with the state of Kansas are eligible for admission to a course for police

Opinion No.

Arkansas Attorney General Reports · Dec 27, 2006

However, hangars are a necessary component of a publicly owned airport facility and as such clearly fulfill a public purpose that would warrant the public construction effort at issue in your request. … specified in subdivision (17) of § 19-6-301 , there to be used for making grants-in-aid to qualifying airports of this state as authorized by law and for the maintenance, operation, and improvement required by the Arkansas

Attorney General Opinion No.

Kansas Attorney General Reports · Oct 2, 2002

Clearly there was felt to be a need to allow the governor to veto portions of an appropriation bill without having to veto the entire bill. … special interest legislation or substantive provisions], such provisions must be treated as `items' for purposes of the Governor's item veto power over general appropriation bills." 38 The Court then noted that in order to be immune

Alcoholic BeveragesConstitutional Law – Whether Non-Durational Residency Requirements for Alcoholic Beverages Licensees in Harford County are Permissible Under the Commerce Clause of the United States Constitution

Maryland Attorney General Reports · May 11, 2021

Because Chapter 462 has already been enacted, we need not consider in this opinion whether it was “clearly unconstitutional” under that standard. … It 11 The Supreme Court did not fully explain how the test it established in Thomas for alcoholic beverage regulations differs from the standard dormant Commerce Clause analysis.

CountiesCommissioner County Powers –Whether Commissioner Counties May Provide for a Different Definition of "Newspaper" than Provided in Section 1-113 of The General Provisions Article – Whether a Change in the Definition of "Newspaper" Would Be an "Administrative Act" that Could Be Taken Without a Public Hearing

Maryland Attorney General Reports · Nov 9, 2021

A statutory definition like GP § 1-113 is generally understood as establishing the default meaning of a term. … Laws, ch. 905, rather than a title clearly treating the statute as definitional, such as “an Act defining the terms ‘newspaper’ and ‘newspaper in general circulation.’”

No.

Colorado Attorney General Reports · May 4, 1979

The facts you provided establish that Mr. Tynes on March 10, 1978, met requirements 1-4 (inclusive) just enumerated. You question whether Mr. Tynes on that date met requirement number 5. … Tynes clearly was not registered with the board as a professional engineer in Colorado during at least the period March 1, 1964, through December 31, 1973. See C.R.S. 1973, 12-25-117 (1).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

See also id. 8 172.004 (Vernon 1999) (county may establish a risk pool to provide health coverage for county officers, employees, retirees, and their dependants). … -Houston [14thDist.], 1994 writ denied) (to prove affirmative defense of qualified official immunity, deputy constables had to establish, among other things, that they were on-duty at time of alleged assault).

Opinion No.

Texas Attorney General Reports · Dec 13, 1979

Service shall be established for retirement purposes upon payment in a lump sum of all applicable contributions, interest, and fees. … While the Maryland case is not directly in point regarding employment benefits such as retirement or longevity, it clearly points out that, at the time of the decision, National Guard personnel were to be regarded as employees

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1942

Shivers, 103 S.W; ,(2d)363, very clearly covered the method of distributionof-general road and bridge money of a county In ~construlngArticle 6740; but In its last paragraph It stated (Aa to that portion'of automobile … We are of the opinion that the Legislaturerecognized the fact that as a general rule members of commlsslonersl'courts are not qualified to act as engineersfor road constructionwork; that Is, they'are not trained to survey

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Florida Attorney General Reports · Sep 20, 1974

This requirement in implied in s. 366.07 , F.S., and is a mandate to the extent that "rights, duties, privileges or immunities" are determined in such a hearing. Section 120.22, F.S. … This clearly implies that substantive modifications are allowable only if based on testimony and evidence presented at a prior hearing.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

Chapter 2306 of the Government Code establishes the Texas Department of Housing and Community Affairs and various housing programs. … is immune from civil liability under Chapter 84, Civil Practice and Remedies Code.”

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Colorado Attorney General Reports · Aug 20, 1980

Section 13(5) of article XII requires that the person appointed to any position under the personnel system shall be one of three persons ranking highest on the eligible list for such position, or such lesser number as qualify … Thus, if the Attorney General for the State of Alabama is of the opinion that certain enactments of the Alabama Legislature are clearly violative of the Constitution of the United States, this Court does not conceive that

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Florida Attorney General Reports · Mar 26, 1991

for qualified voters in the area desiring to be excluded from the municipality to initiate a petition for contraction. 11 A contraction ordinance must be published after its introduction to provide notice to interested persons … The notice must give the time and places for the election and a general description of the area to be excluded in the form of a map clearly showing the area proposed to be excluded. 14 The statute sets forth the ballot language

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2011

In order to establish an equal protection violation arising out of a classification that does not affect a suspect class or a fundamental right, it is necessary to show that the disparity is arbitrary — that is, that the … Francis Levee District and non-qualifying property owners who own fewer than 40 acres.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1948

"During the year 1927 the Board of Trustees of the Texarkana Independent School District, through legal and appropriate ac- tion, established ths Texarkana Junior Col- … consolidated with other districts under the procedure therein set out that the new district thereby created shall have all the rights, privileges and powers granted to junior college districts of this State, Clearly