Case law

(2002)

87 Op. Att'y Gen. 137 · Maryland Attorney General Reports · Sep 9, 2002

That statute defines "investment account" as follows: "Investment account" means an account established by a contributor under this subtitle on behalf of a qualified designated beneficiary for the purpose of applying distributions … toward qualified higher education expenses at eligible educational institutions.

Opinion No.

Arkansas Attorney General Reports · Mar 4, 2003

As reflected in the passage just quoted, the supreme court has clearly indicated that the entire Lake View litigation will be resolved as of the deadline date. … Amendment 74 declares as a matter of constitutional law that the tax is "established" and mandatory.

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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1963

found to have performed negligent work or left premises in an unsafe condition and such action or negligence Is found to be a proximate cause of Injury, he must never- theless be held Immune … In deter- mining whether a condition is 'inherently dangerous' under circumstances like those before us in this case; the question 'of fore- seeability of resulting harm Is clearly in- volved

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.

Ago

Florida Attorney General Reports · Oct 9, 1974

As Trigg observes: The reluctance of commissions to authorize this type of rate is clearly justified. … S., which clearly require public hearings to the extent that the public's "rights, duties, privileges, or immunities" are determined in the rate modification process. Section 120.22, F.S.

Opinion No.

Arkansas Attorney General Reports · Mar 21, 2007

As previously noted, I harbor some reservations about proposed legislation seeking to impose blanket restrictions on established institutions of higher learning. … As noted above, content-neutral restrictions upon private speech are clearly subject to an intermediate level of scrutiny.

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.

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 · Feb 25, 2004

The laws governing those programs clearly contemplate that the states will redistribute grant funds to the agencies to carry out the programs. See, e.g., 42 U.S.C. § 3026 . … Finally, each must establish a grievance procedure for individuals dissatisfied with or denied services under the plan. 42 U.S.C. § 3026 (a)(6)(P).

Opinion No. (1983)

Nebraska Attorney General Reports · Mar 3, 1983

That statute, however, is currently qualified by Neb.Rev.Stat. § 79-1703 (Reissue 1981) which provides `nothing in sections 79-1701 to 79-1704 contained shall be so construed as to interfere with religious instruction in … It is, of course, a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Grayned v. City of Rockford , 408 U.S. 104 (1972).

Ago

Florida Attorney General Reports · Feb 4, 1982

, allows the governing body of a municipality, as an alternative to appointing a board of commissioners for an agency to declare itself to be the community redevelopment agency and to exercise all the powers, duties and immunities … A review of the pertinent statutory provisions of Part III of Ch. 163 , F.S., clearly illustrates the inextricable degree to which a redevelopment agency is dependent upon action taken by the governing body of the municipality

Opinion Number

Louisiana Attorney General Reports · Jun 5, 2000

In other words, the cooperative endeavor must meet the general standards for the nongratuitous alienation of public funds established in Paragraph (A). City of Port Allen v. … The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used.

Opinion No.

Arkansas Attorney General Reports · Sep 23, 2004

In the situation you have described, I believe the director of the nonprofit corporation, which as an "instrumentality" of the city has a public aspect, would clearly qualify as an "official" subject to the proscription set … I believe these definitions clearly apply to the activities of a bank director.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 1991

That act authorizes the Department of Correction to establish a "home detention" program for certain released inmates. … The title clearly indicates the legislature's intention to include parolees under the provisions of the act.

Opinion Number

Louisiana Attorney General Reports · Mar 12, 2003

In LSA-R.S. 17:3048.1 (J), the legislature clearly exempts students who can demonstrate that they do not qualify for a federal grant from applying for federal grant aid. … who can demonstrate that they do not qualify for a federal grant.

108OAG21

Maryland Attorney General Reports · May 17, 2023

qualified disability expenses (in the case of ABLE). … These considerations, in our view, establish that the General Assembly did not so intend. 1.

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2006

(a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general … In my opinion, therefore, the proposed action of the Mississippi County Election Commission does not clearly contravene A.C.A. § 7-5-418 . Deputy Attorney General Elana C.

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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

curiam, 471 U.S. 82, 105 S.Ct. 1859, 85 L.Ed.2d 62 (1985) (denial of state income tax deduction to nonresidents but allowlng deduction by state residents violates privileges and immunities … Clearly, the will of a deceased person who was registered to vote in Texas may be admitted to probate in this state if the person was domiciled in Texas at the time of his death.