Case law

Opinion No. (1989)

Missouri Attorney General Reports · Jan 30, 1989

The right is not to be implied or inferred from vague or doubtful language but must be clearly given in express terms or by necessary implication. . . . … While this and other definitions of adjacent include the word near, it is important to note that the word near is qualified by the phrase `having nothing of the same kind intervening.'

Opinion No.

Arkansas Attorney General Reports · Jun 16, 2010

Included within the category of "capital improvements of a public nature" are "municipal buildings," "police facilities" and "prisons" 2 — resources I interpret as clearly including a jail serving a city and a county pursuant … Nevertheless, only a finder of fact could ultimately establish this to be the case. Assistant Attorney General Jack Druff prepared the foregoing opinion, which I hereby approve.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

The Part B rules applicable to Part C information establish a number of procedures and protections. … Although Texas courts recognize some common-law privacy torts,2 the Council, as a state agency, is immune from suit except to the extent the state has waived its immunity. As a 2See Indus.

Ago

Florida Attorney General Reports · Jan 29, 1986

Cf., AGO 83-27 (alteration of existing independent district's boundaries not contemplating merger with another district would not appear to amount to establishment or creation of new district for purposes of s. 165.022 [2 … VII, relating to special district millage, at least in the absence of clearly applicable judicial precedent to the contrary, I am of the opinion that, as to limited purpose units of local government with disproportionate

Opinion No. (1996)

Nebraska Attorney General Reports · Jan 11, 1996

No legislative history is available to ascertain the Legislature's reasoning in establishing either of these voting percentage requirements. … Thornton , which required approval of a majority of all qualified voters.

Ago

Florida Attorney General Reports · Mar 5, 1979

taxing district would be abolished upon voter approval of the contemplated special act and an entirely new special taxing district with boundaries greater than the old district would be created, the area affected would clearly … Tindall, 154 Fla. 663 , 18 So.2d 892 , we passed upon the sufficiency of the ballot used in the general election when the Constitutional Amendment creating and establishing the Game and Fresh Water Fish Commission was submitted

Opinion No.

Arkansas Attorney General Reports · May 23, 2002

I believe adding a "class sponsor 10 th grade" would clearly qualify as an "additional duty." … With respect to your specific example, I believe acting as a 10 th grade sponsor clearly qualifies as an "additional duty" under the statute.

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2001

This follows, in my opinion, from a reading of Section 2 as a whole, consistent with established rules of statutory construction. See generally Chism v. … This would afford an opportunity to vote twice for the judicial candidates, an opportunity clearly not contemplated by Act 1789.

Ago

Florida Attorney General Reports · Feb 26, 1980

Legislative intent to effect such alterations in the composition and nature of these governmental entities must be clearly manifested. State ex rel . Housing Authority of Plant City v. Kirk, 231 So.2d 522 (Fla. 1970). … Chapter 79-222 obviously did not establish the community college districts or the several district boards of trustees as counties or municipalities or agencies of counties or municipalities.

Opinion No. (1998)

California Attorney General Reports · Dec 31, 1998

Given these factors, the basic structure of Super Lotto qualifies as a "lottery." … Because a maximum number of possible winners is not a pre-established part of the game's architecture, CSL's participation in the game prevents Daily 3 from qualifying as a lottery. 7 3.

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 29, 2004

However, all of these cases involve state legislative enactments that clearly favor in-state interests while burdening out-of-state interests (allowing state-licensed wineries to direct ship but not out — of-state wineries … However, these cases do evidence a willingness in the industry to challenge legislation they consider unfair or discriminatory and we have no reason to believe that Kansas would be immune from such challenges, regardless

Ago

Florida Attorney General Reports · Sep 1, 1982

You included in your opinion request a copy of the title page and the reservation of rights form and ask that this office determine whether the same are sufficient to establish federal copyright protection in the work. … In addition, s 768.28 F.S., to the extent specified therein, waives the state's immunity for liability for torts for itself, its agencies and its officers and employees. See also , Mills Music, Inc. v.

Ago

Florida Attorney General Reports · Nov 3, 1981

Along with establishing a RICO lien and imposing certain specified duties upon trustees of land trusts, the Act created s. 943.468, F.S., which requires, inter alia , alien corporations owning an interest in Florida real … Normally, a statute operates prospectively unless a contrary legislative intent is clearly expressed. State ex rel . Riverside Bank v. Green, 101 So.2d 805 (Fla. 1958).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

Other sections of the Act establish certain criteria by which the State Suparlntendent shall be guided in the exercise of his discretion in making ellot- memts or the approprietion. … The feet thet a dis- trict comes within the purview of Section 7 does not grant it immun- ity frcm the remaining provisions of the Act.

Opinion No.

Arkansas Attorney General Reports · Nov 22, 2006

(d)(1) The board shall have the power to appoint a librarian qualified by education, training, experience, and personality, who shall serve at the will of the board. (2) The board shall have the power to appoint necessary … denoting a shift of all activities relating to library operations from the board to the city council or mayor — a move that I believe would contravene the provisions of title 13, chapter 2, subchapter 5 of the Code, which clearly

Opinion Number

Louisiana Attorney General Reports · Jun 1, 2007

The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used. While La.Rev.Stat. 38:1805 states the following: § 1805. … We agree with your assessment that providing drainage services to residents of the Development District certainly qualifies as a public purpose.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2001

City Of Stuttgart, 312 Ark. 97 , 847 S.W.2d 710 (1993) (lease agreement containing an amortization schedule deemed clearly a sale in violation of Article 16, § 1). … No. 2001-156 , these provisions are qualified by several constitutional amendments. Amendment 65 provides in pertinent part: 1.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

Prior to this amendment military personnel were subject to the same requirements for establishing domicile in Texas for fee purposes as other persons. … The word- ing of Section l(h) in no way limits its application to the employing institution alone; rather it clearly extends benefits which may 'be exercised in all State institutions of higher learn- ing .

Op. Atty. Gen. 124a

Minnesota Attorney General Reports · Apr 28, 1994

This concept is clearly expressed in Section 475.06. subd. l. quoted above iii stating that the payment may be made for "each day necessarily occupied " in the discharge of duties. QUEST! … OPINION Except as qualified below, we answer your question in the negative.

Opinion No. (1987)

Missouri Attorney General Reports · Jun 16, 1987

Sections 60.010 through 60.100 , RSMo 1986, set forth the statutory provisions establishing the office of county surveyor in second, third and fourth class counties. … The intention of the legislature to abolish an office must be clearly stated.