Case law

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.”

No.

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

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

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 27, 1993

Section 1450 provides: "A voter, who qualifies under the provisions of this chapter, shall be entitled to become a permanent absent voter." … Our interpretation of the provisions of sections 1451 and 1452 may be guided be several well-established rules of statutory construction.

Opinion No.

Arkansas Attorney General Reports · Aug 20, 1996

The situation that you have described clearly falls within this general restriction against school choice. … In establishing the acceptable range of variance, the department is directed to use the remedial guideline established in Little Rock School District v.

Ago

Florida Attorney General Reports · Oct 15, 1992

person who maintains a permanent business location or branch office within said municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … It is a basic rule in statutory construction that the words used in the statute are to be given their plain meaning. 2 The above statute clearly prohibits a county or municipality from levying an occupational license tax

Opinion Number

Louisiana Attorney General Reports · Feb 11, 2010

*Page 7 It is the opinion of this office that La.R.S. 26:588 mandates that in the calling of a wet/dry local option election, all five of the enumerated provisions of La.R.S. 26:588 must be clearly printed on the ballot for … Is there a uniform definition of restaurants used in situations such as our own that would allow for consumption at dine-in establishments only, while at the same time prohibiting barroom establishments?

Opinion No.

Arkansas Attorney General Reports · Sep 20, 1989

Act 60 of the First Extraordinary Session of 1961 (A.C.A. 18-13-101 et seq.) provided for the introduction of the condominium system in Arkansas by the establishment of "horizontal property regimes." A.C.A. 18-13-103 . … Indeed, the manner in which a statute has been construed by executive and administrative officers is to be given consideration and will not be disregarded unless clearly wrong. MORRIS v.

Opinion Number

Louisiana Attorney General Reports · Apr 24, 2007

VIII , § 1 , which provides that "t]he legislature shall provide for the education of the people of the state and shall *Page 3 establish and maintain a public educational system." … A school outside of the United States is clearly not a public school for purposes of the above-cited regulation, since it is not created pursuant to Louisiana Constitution and laws.

Opinion No.

Arkansas Attorney General Reports · Oct 6, 2000

Clearly, therefore, the "proceeds" resulting from a sale of forfeited property are deposited in the asset forfeiture fund. … Section 5-64-505 (g)(5)(B) provides that: "However, if the court determines either that the prosecuting attorney has failed to establish that such grounds exist or that the owner or interest holder has established a defense

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2007

Given that you are a city employee, I believe documents containing the information requested in Item 3 above clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … Although this standard is not easily met, medical records and information relating to a person's finances or marriage may qualify.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1976

Whatley - page 2 W-796) the training program are qualified instructors approved by the board. … Section 20(a) clearly permits the Board to establish training programs for individuals employed by a security services contractor.

Opinion No.

Arkansas Attorney General Reports · May 28, 1993

This office has noted, however, that the law pertaining to records of the ACIC qualifies as a specific exemption to the open records provisions of the FOIA. See Op. Att'y Gen. Nos. 91-111 and 86-20. … Supp. 1991) established the Arkansas Crime Information Center and specifically limited access to the data available through the ACIC system.

Ago

Florida Attorney General Reports · Dec 19, 1984

Pursuant to the title of Ch. 84-84, Laws of Florida, and the body of s 2 of the act, it clearly appears that the act regulates the purchase or sale by a municipality of "a water or sewer utility" (e.s.) and sets forth certain … utility," operates to control the procedure by which the City of Hialeah acts to give final approval to the sale of a fractional portion of the City of Hialeah water and sewer system to the City of Hialeah Gardens or to establish

Opinion Number

Louisiana Attorney General Reports · Jun 14, 1996

And, at page 246, the Court concluded: Likewise, the drafting history of the local government article as reflected by the transcripts of the constitutional convention debates clearly reflects that the delegates intended to … confer a greater degree of immunity upon preexisting home rule cities and parishes than upon local governmental subdivisions that acquired home rule powers subsequent to the adoption of the 1974 constitution.

Opinion No. (2003)

Nebraska Attorney General Reports · May 14, 2003

"Casino" is defined as "any establishment conducting games of chance which are illegal in the State of Nebraska." … critical to any government . . .," the Court held it could not "justify the special treatment of the press, for an alternative means of achieving the same interest without raising concerns under the First Amendment [was] clearly

Opinion No. (2001)

California Attorney General Reports · Apr 9, 2001

Disclosing the common residence addresses may help ensure that this statutory right is being exercised by those qualified under the legislative requirements. … When the domestic partnership registry was established, we note the lack of any mention of a need for confidentiality in the legislative materials regarding the enactment of Family Code sections 297 - 299.6 .

Opinion No. (2010)

Nebraska Attorney General Reports · Aug 24, 2010

The known definition of a common carrier, in all our books, fully established this result. … As to your second inquiry, if a driver actually provided additional services to qualify as an attendant or caregiver, the driver could qualify as an escort for transporting a minor alone.

Opinion No.

Arkansas Attorney General Reports · Jun 25, 2004

these opinions, which I believe addresses your question directly: I assume your concern is that the city might be restricted from engaging in what the courts generally refer to as" government speech" — i.e., speech that clearly … As one commentator has noted: "Unless government is taking a position with respect to religion, where the special strictures of the establishment clause come into play, courts consider government communication to be a function