Case law

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

The burden of proof is on the protestant to show that the assessment is manifestly excessive or clearly erroneous or confiscatory. Potlatch Corp. v. … The statute states: "Debt service funding supplement" means the state financial aid provided to qualifying local school districts for the purpose of reducing existing debt service burdens and increasing the amount of local

Opinion No.

Arkansas Attorney General Reports · May 16, 1996

In addition, a review of the development of SJR 1, which ultimately became Amendment 59, reveals that early drafts of the amendment clearly contemplated that countywide reassessments that are not part of a statewide program … The spirit and intent of the amendment are, in my view, that countywide reassessments that otherwise qualify will occasion a tax rate adjustment.

Attorney General Opinion No.

Kansas Attorney General Reports · Jan 23, 2009

Accordingly, the provisions in question clearly violate Article 2 , Section 16 of the Kansas Constitution. … A proviso is a clause in a statute which excepts something from the enacting clause or qualifies or restrains its generality. Black's Law Dictionary 1390 (Rev. 4 th ed. 1968).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

The requisite number of qualified voters’ actual signatures changed if the petition was for a local option election that was related to the legalization of the sale of mixed beverages only in an establishment that held a … Thepetition must clearly state the issue . . . .” Act of May 6, 1977, 65th Leg., R.S., ch. 194, 9 25 1.08, 1977 Tex. Gen. Laws 391, 547 (emphasis added).

Opinion No.

Texas Attorney General Reports · Dec 29, 1980

Section 11.18 of the Property Tax Code, which became effective January 1, 1980, establishes new criteria for determining whether property owners are eligible for charitable tax exemptions. … it also qualified under the statutory definition of such institutions for tax exemption purposes.

Ago

Florida Attorney General Reports · Nov 3, 2003

a public corporation "under and pursuant to and authorized by the aforesaid Chapter 298 of the Florida Statutes" and provides that the district "is hereby granted and vested with all rights, powers, duties, privileges, immunities … Stat., stating that it is the legislative intent that those water control districts established prior to July 1, 1980, pursuant to the process formerly continued in ss. 298.01 , 298.02, and 298.03, may continue to operate

Ago

Florida Attorney General Reports · Aug 14, 1979

Officers s. 190a, stating that `[p]ublic officers have only such power and authority as are clearly conferred by law or necessarily implied from the power granted. … State Board of Education, 105 So. 323 (Fla. 1925), in which the court, recognizing that a state cannot be sued without its consent, stated that `[t]he immunity of the state from suit applies where a contract or property interest

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1994

Subsection (b) of § 6-18-703 clearly envisions the participation of Health Department employees in the clinics, and subsection (a)(1) (which is the codification of Section 36(b) of the appropriation act) addresses the establishment … And it is well-established that the courts will construe a legislative enactment as constitutional if at all possible. See Cozad v. State, 303 Ark. 137 , 792 S.W.2d 606 (1990).

Ago

Florida Attorney General Reports · Dec 31, 1979

under the provisions of this chapter is authorized to establish the form or forms of warrants for the withdrawal, payment, or disbursement of money out of such qualified depository and to change the form thereof from time … If the Legislature had intended to provide for such telephonic transfers between county accounts and funds, it should have done so clearly and unequivocally. See Dobbs v. Sea Isle Hotel, 56 So.2d 341 (Fla. 1952).

Attorney General Opinion No.

Kansas Attorney General Reports · Jul 12, 1994

Clearly an individual who owns and operates a retail liquor store as a sole proprietorship has a beneficial interest in that establishment. … The statute does not, however, stand for the proposition that any married person is entitled to a license to conduct a particular business whether or not that person is qualified for such license.

Ago

Florida Attorney General Reports · Aug 9, 1989

As a part of the City of Orlando, the commission clearly appears to fall within the definition of political subdivision which expressly includes municipalities. … (b) The spouse of any person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of any person

Opinion No. (1978)

Nebraska Attorney General Reports · Aug 31, 1978

Obviously a golf course would qualify as a recreational facility, and we presume that a lake would, also, assuming that it was used for recreational purposes. … This provision clearly contemplates that proper purposes not originally included in the articles of association may be brought in by amendment.

Opinion No.

Arkansas Attorney General Reports · Aug 16, 2010

I question, however, whether a city could by ordinance prohibit the operation of an established facility that complies with all otherwise applicable state law. … Legislative clarification of these issues is clearly warranted.

Opinion Number

Louisiana Attorney General Reports · Sep 27, 1993

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Addressing the issue of exemption, this office has consistently held that in order to qualify for an exemption from ad valorem taxes under La. Const. Art.

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2009

.] § 11-10-210 . . ., or is there controlling legal authority establishing the term to mean the act of hiring only? 5. … The situation you posit appears to qualify as a "formal or informal" meeting of the "governing body" (i.e., the Board of Directors) of the City of Siloam Springs.

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2009

Given that the subject of the request is a former state employee, the records are presumed to qualify as "public records" under this definition. As I stated in Op. … As always, the person claiming the right will have the burden of establishing it.

Opinion No. (1985)

Nebraska Attorney General Reports · Apr 19, 1985

Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly … The Court has also said: The rule established by the authorities is that, while it is competent for the Legislature to classify, the classification, to be valid, must rest on some reason of public policy, some substantial

Opinion No.

Arkansas Attorney General Reports · Nov 30, 1995

As probate courts clearly have jurisdiction to determine such disputes between personal representatives and, for examples, heirs, it appears that subject matter jurisdiction, in this instance at least, may depend upon the … Pachtman, 424 U.S. 409 (1976), discussing the common law immunity of prosecutors, and held that a prosecuting attorney's immunity from civil suits for damages "is absolute and is established by precedents of this court and

No.

Colorado Attorney General Reports · Jun 3, 1991

Thus, so long as an employer meets the requirements for establishing an anchor facility, refunds are available for all new employees of that company. … Clearly such questions are a cause of concern.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

Under the facts given us, clearly, the subject property is not exempt under any of the provisions of section 11.20 exempting property belonging to a religious organization. … As we noted in Attorney General Opinion MW-288 (1980), section 11.18 “establishes new criteria for deter-raining whether property owners are eligible for charitable