Case law

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

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.

Texas Attorney General Reports · Jun 9, 1992

Clearly, it is impossible for the commission to comply with both state and federal law. … IX, § 9.8. 12 Section 12202 of the ADA provides in part that a state "shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction

Opinion No.

Arkansas Attorney General Reports · Oct 31, 1989

Section 504 of this act states that: "No otherwise qualified handicapped individual in the United States . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or … The Commission's authority and discretion in the area of preservation and conservation of the state's wildlife resources is well-established.

Ago

Florida Attorney General Reports · Aug 9, 1989

To establish his competency, a person shall pass the appropriate examination administered by the department. … Part II, Ch. 489 , F.S. (1988 Supp.), does not clearly proscribe alarm system contracting under a local license in a geographically limited area.

(2000)

85 Op. Att'y Gen. 284 · Maryland Attorney General Reports · Oct 16, 2000

situation, could potentially qualify for assistance from the Fund. … In our opinion, the Authority must clearly articulate the basis for its finding that makes its analysis transparent.

Opinion No.

Texas Attorney General Reports · Feb 22, 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."

Opinion No.

Arkansas Attorney General Reports · Aug 25, 1997

With regard to the decision concerning whether the Department must register an offender, it should be noted that "Public officials, public employees, and public agencies are immune from civil liability for good faith conduct … Further, it is apparent that certain offenses, such as rape, may qualify as an "offense against a victim who is a minor," a "sex offense," and a "sexually violent offense."

Maryland Attorney General Opinion 99OAG171

Maryland Attorney General Reports · Dec 5, 2014

After the bidders are qualified, however, the P3 statute specifically authorizes more extensive dialogue between the agency and qualified bidders: (2) After a bidder is qualified and at any time before … From this standpoint, a P3 would seem to qualify as procurement.

Opinion No.

Arkansas Attorney General Reports · Mar 22, 2000

Only a court can definitively establish the correct interpretation of A.C.A. § 14-43-412 , with its outdated reference to the "annual election." … The situation you have described concerning the city clerk's position is clearly governed by A.C.A. § 14-43-412 , discussed in response to Question 1.

Opn. No.

New York Attorney General Reports · Jul 30, 1998

Clearly, the statute permits burial societies to sell plots to their members. … Burial societies "acquire burial rights in gross in established cemeteries where they segregate and separately maintain sections thereof for the burial and more intimate segregation of the dead of their members."

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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1952

line school district formed by the consolidation of two or more school districts situated 'in two or more counties after the'~effectivedate of this Act may be dissolved by the~~procedure hereinafter established … App. 1937, error dism.j, the court conitrues the quoted phrase as follows: The power to dissolve the con- solidaied district and thereby re-establish the formerly existing component districts

Opinion No.

Arkansas Attorney General Reports · May 23, 2002

Subsection (b) of this statute was enacted pursuant to Act 1785 of 2001, which effected the establishment of the Arkansas Fair Housing Commission and is currently codified in its remainder at A.C.A. §§ 16-123-301 through … Mayer Co., 392 U.S. 409 , 413-16 (1968), nothing in the later legislation can or should be read as qualifying either the intent or the continued effectiveness of the earlier legislation.

Ago

Florida Attorney General Reports · Feb 18, 1976

S., runs to insurers and is not restricted or qualified by the residence of the members of an association or by the residence of stockholders of corporations. … The purpose of the joint underwriting association is to establish a temporary joint underwriting plan which will function for a period not exceeding 3 years from the date of adoption by the Department of Insurance.

Opinion No.

Arkansas Attorney General Reports · Sep 5, 2008

. § 6-21-108 (b)(1)(C) "clearly qualify as effecting a `public *Page 5 advantage' to education consistent with the provisions of Article 14, § 1," citing City of Blytheville v. … With regard to your particular question concerning the conducting of urban renewal or redevelopment projects, I believe it is clear that the powers and authority established by these statutes are conferred upon the public

Attorney General Opinion No.

Kansas Attorney General Reports · Feb 10, 1997

Mitchell, 68 Kan. at 769-70 (Kansas bill of rights, § 2 provides that no special privileges or immunities may be granted that may not be altered, revoked, or repealed by the same body; the legislature therefore may exercise … (f) provides in part as follows: "Unless the legislature, by concurrent resolution adopted on or before February 12, 1997, the 30th day of the 1997 regular session, rejects such plan, the plan shall be submitted to the qualified

Opinion No.

Arkansas Attorney General Reports · Jul 16, 2008

As phrased, your question appears to assume that what you describe as "cabins, cottages, bed and breakfasts, camp grounds or any other lodging facilities" would not qualify as "hotels, motels or short-term condominium rental … If this assumption were correct, the answer to your question would clearly be "no," given that the statute expressly lists only "hotels, motels or short-term condominium rental accommodations" as lodgings subject to what

Opinion Number

Louisiana Attorney General Reports · Jan 31, 2000

The Minutes clearly reflect that the Program was established pursuant to R.S. 46:1102 . R.S. 46:1101 establishes a medical scholarship program and provides, in pertinent part, the following: § 1101. … Accordingly, we find the Program in question clearly constitute a public purpose.

Ago

Florida Attorney General Reports · Feb 3, 1981

The state road system on June 30, 1977, as well as all other state roads formerly described and provided for by s. 335.01 , F.S. 1975, clearly fall within the scope of s. 335.01 (1), F.S. 1979, designating and establishing … Such general terms, except as qualified by the provisions of s. 335.01 , in the statutory context in which they are employed can only refer to the public roads and road systems described in and established by s. 335.01 ,