Case law

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

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of rights, § 2 provides that no special privileges or immunities may be granted that may not be altered, revoked, or repealed by the same body; the legislature therefore may exercise … (f) provides in part as follows: "Unless the legislature, by concurrent resolution adopted on or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

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Florida Attorney General Reports · Feb 18, 1980

The hospital district clearly falls within the definition of `special district' contained in s. 218.31 (5), F. S., for the purposes of part III, ch. 218, F. … Your letter, however, fails to provide sufficient information as to whether the district funds referred to in your letter would qualify as `surplus funds,' as defined in s. 218.345(4), for the purpose of the statute.

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Florida Attorney General Reports · Sep 11, 1996

Florida Constitution, 2 which requires that all retirement systems for public employees be managed, administered, operated, and funded to maximize the protection afforded to public employee retirement benefits. 3 The act establishes … is intended that a statute should operate retroactively, the title must convey appropriate notice of this intent. 9 Further, it is a well-settled rule that a statute will not be construed as retroactive unless its terms clearly

Opinion No.

Arkansas Attorney General Reports · Feb 13, 2009

purposes prescribed in this subchapter or for the operation of tourist-oriented facilities, including, but not limited to, theme parks and other family entertainment facilities or for the retirement of bonds issued for the establishment … In my opinion, the reference to "such groups" in this passage is to "any civic group or the chamber of commerce" mentioned immediately before in A.C.A. § 26-75-603 (c)(2)(C) — institutions that would not qualify as the lenders

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Florida Attorney General Reports · Jan 10, 1997

This office has previously stated that a municipal governing body establishing a community redevelopment agency does not have the authority to alter the composition of the board of commissioners from that prescribed by statute … Clearly membership on the governing body of a governmental entity, such as a county or municipality, constitutes an office. 6 Similarly, membership on the city's community redevelopment agency would also appear to constitute

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

You ask if a peace officer is “entitled to qualified immunity when he is outside the jurisdiction of the state/nation.” Request Letter, supra note 1, at 2 (question 6). … To establish qualified immunity, an officer must show that the disputed incident occurred while he was (1) performing discretionary duties, (2) in good faith, and (3) was acting within the scope of his authority.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

The term “wholly” clearly refers to property that is used only for pollution control, such as an add-on device. … This broad formulation clearly embraces more than just add-on devices.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2015

We are guided by the principle that "[a] county has no power or duties except those which are clearly set forth and defined by the Constitution and the State statutes." Harrison Cnty. v. … V § 1-a(2) (establishing the Commission).

Opinion Number

Louisiana Attorney General Reports · Mar 16, 2001

R.S. 56:366(B) and 279(B) establish the goals of the Council. … We further believe the terms of the reimbursement should be clearly set forth in the cooperative endeavor agreement.

Attorney General Opinion No.

Kansas Attorney General Reports · May 24, 2005

In reaching that conclusion, the Honorable Tom Smith reviewed K.S.A. 38-1613 (c)(3) and provided it as an example of how clearly the Legislature can exempt certain entities from the duty to pay docket fees. … Whether a county is the filing party may be established in the caption or some initial part of the pleadings.

Opinion No.

Texas Attorney General Reports · Dec 31, 1986

Would a person who registers to vote in Texas establish a residence so as to establish jurisdiction for the purposes of the application of our family and marital laws? … 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.

Opinion No.

Arkansas Attorney General Reports · Nov 23, 1999

(B) Thereupon, it shall be the duty of the Governor to at once appoint and commission a mayor or police judge for the city or town to fill the vacancy until his successor is elected at the next regular election and qualified … Although state law does not explicitly address this issue, it clearly does not prohibit an expenditure of this nature, assuming that the funds were duly appropriated.

Opinion Number

Louisiana Attorney General Reports · Aug 15, 2001

As can be seen from the above, the Instrument clearly provides that the settlor (i.e., Board) transfers and conveys all of its right, title and interest in the Fund to the Trustees. … the establishment and administration of Teachers Health and Welfare Funds.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1980

Center, include a geriatric hospital, a retirement village, and a hotel, 8ectlon ll.18 of the Property Tax Code, which became effective Jsnuary l, 1380, establishes … Based on the facts supplied us, the Baptist Memorials Geriatric Center is clearly not a charitable organization within the restricted meaning of section lL18.

Opinion Number

Louisiana Attorney General Reports · Dec 6, 2005

This notion of local immunity was supported by the recent case of Castille v. … The cases noted above clearly provide for a suspension of due process and notice requirements in the event of a natural disaster.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2003

-Houston [ 14th Dist.] 1992, writ denied) (court- appointed healthcare professionals evaluating child’s best interest in connection with parents’ divorce qualified as “agency designated by the court to be responsible for … Our answers to your first four questions are based on statutes that establish a duty to report child sexual abuse and the judicial decisions interpreting them.

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Washington Attorney General Reports · Sep 26, 2005

Initially, the Legislature authorized counties to establish PFDs. See generally RCW 36.100 . In 1999, the Legislature authorized certain cities and towns to establish PFDs as well. Laws of 1999, ch. 165. … It is therefore clearly within legislative intent for a PFD created under RCW 35.57 to own, construct, or operate more than one regional center.

Opinion No.

Texas Attorney General Reports · Oct 11, 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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1971

Section 8 of the article reads, in part, as follows: "The Board shall have the authority and power to make and enforce all rules and regu- lations necessary for the performance of its duties, to establish … The Legislature in pro- viding subsections (a) and (b) of Section 12 clearly wrote in the disjunctive. Subsection (b) applies only if the applicant does not qualify under (a).