Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

However, the jurisdiction of the fire marshal has been clearly established in sections 2. 3, and 8. Section 7 must be read in conjunction with the entire statute. … Although this language appears to establish county immunity from municipal ordinances, the precedential value of this statement is doubtful.

Opinion Number

Louisiana Attorney General Reports · Jul 13, 1994

The issue in that case was whether an election called under the old eight-ward scheme was valid, as opposed to holding the election under the current four-ward scheme established by ordinance. … The new election districts, redrawn after every federal census, are clearly the units of election for representation to that body.

No.

Colorado Attorney General Reports · Jul 13, 2009

The additional revenue also goes to recruiting and retaining qualified faculty so that Colorado can offer quality education throughout the state." … As set forth above, Adams State College is clearly eligible for Amendment 50 funding.

Opinion No. (2002)

Nebraska Attorney General Reports · Jul 12, 2002

These activities along with the above-referenced statutes clearly subject HLD to the requirements of the Private Postsecondary Career School Act. The Act clearly applies to out-of-state schools. … "The burden of establishing unconstitutionality of a statute is on the one attacking its validity." Id.

Opinion No. (2004)

Nebraska Attorney General Reports · Mar 30, 2004

The limitations of the power granted and the standards by which the granted powers are to be administered must, however, be clearly and definitely stated in the authorizing act. Bosselman, Inc. v. … Where qualifying for the statutory exemption is affected by the building's designed occupancy, the Board's authority to lift that occupancy number may be unlimited.

Opinion No.

Texas Attorney General Reports · Jun 29, 2004

The petition must clearly state the issue. . . ." Act of May 6, 1977, 65th Leg., R.S., ch. 194, § 251.08, 1977 Tex. Gen. Laws 391 , 547 (emphasis added). … 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

Opinion No. 14-80 (1980)

Missouri Attorney General Reports · Jul 29, 1980

It is a well established principle of statutory construction that a statute should not be applied retroactively except where the legislature manifests a clear intent to do so or where the statute is procedural only and does … Clearly, this member has not accumulated sufficient credits to qualify for retirement. Section 104.366, RSMo.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Campbell: At the request of the board of directors of the Brazes River Authority, established in 1929 by special law, see Acts 1929, 41st Leg., 2d C.S., Special Laws, ch. 13, at 22, you pose three … The Brazes River Authority cannot directly or indirectly deposit its funds in depositories that have not qualified according to law, but in order to qualify as an official

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1958

It is our opinion that a person eligible to sign the application of an independent candidate but incapable of signing his name by reason of physical disability clearly may aut‘norizesomeone else to sign his name for him … Clearly a notary could not administer his mown oath as a signer of the application, but the fact that he was a signer would not prevent his administering the oath to other signers.

Ago

Florida Attorney General Reports · Aug 12, 1999

Upon notification of the adoption of such resolution, the Governor is responsible for appointing the commissioners of the housing authority, who must be qualified electors of the county. 4 Further, it is the Governor who … Clearly the statute contemplates a substantial permanent presence in the area.

Opinion No. Oag 71-80, (1980)

69 Op. Att'y Gen. 263 · Wisconsin Attorney General Reports · Dec 18, 1980

Thus, special consideration is given to business operators who lose their business establishments and their established clientele and who must seek comparable facilities in order to continue in business. … It is not clearly unreasonable that the Legislature has chosen to exclude nonoccupying rental owners from the class of intended beneficiaries.

Opinion No.

Arkansas Attorney General Reports · Oct 3, 1995

Box 5901 Little Rock, Arkansas 72215 Dear Colonel Bailey: This is in response to your request for an opinion on two questions concerning Act 419 of 1995, which authorizes the Arkansas State Police to issue licenses to qualified … The legislature has not clearly specified what is to be included within the "list" — whether only names are to be included, whether every bit of information contained in license applications is to be compiled in the "automated

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2009

trust, by a trustor of the trust who qualifies for the exemption. … Comfort, convenience, solitude, and shelter are clearly purposes for which a home is stated to be used within the meaning of a homestead under Texas law." Id. at 566.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Indeed, Act 1078 repeals the Code sections establishing the county board's general powers and duties. … Art. 19, § 5 states that "[a]ll officers shall continue in office after the expiration of their official terms until their successors are elected and qualified."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

The district may either establish an appraisal office administered by a 'chief appraiser' appointed by the board of directors, or it may contract with a taxing unit in … voters equal to at least 10 percent of the number of qualified voters, according to the most recent official list of qualified voters, residing in the appraisal district, if the petition

Opinion No. Oag 2-81, (1981)

70 Op. Att'y Gen. 6 · Wisconsin Attorney General Reports · Jan 29, 1981

Section 118.23 , Stats., establishes a system of tenure for teachers and principals in schools in any county having a population of 500,000 or more. … To conclude otherwise would give some persons rights to employment clearly not specified in sec. 118.23 , Stats. *Page 14 On reinstatement, the most senior qualified individual must be offered the position first.

Opinion No.

Arkansas Attorney General Reports · Oct 20, 2003

However, A.C.A. § 5-5-102 qualifies this provision by declaring that it will not control if some other provision of law calls for a different disposition of the proceeds. … It is well established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the intent for retroactive application is clearly expressed. See Abrego v. United Peoples Fed. Sav.

Ago

Washington Attorney General Reports · Sep 7, 2011

Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter. (1) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority … by the agency, the firm deemed to be the most highly qualified to provide the services required for the proposed project.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

YOU wish to know whether his service for the first fire department qualifies him for examination and promotion in the second department. … This exception from the two years' service requirement clearly delineates the general rule: the qualifying service must be completed in the department wherein the fireman seeks promotion. See City of Houston v.

Opinion No.

Texas Attorney General Reports · Aug 31, 1982

However, the jurisdiction of the fire marshal has been clearly established in sections 2, 3, and 8. Section 7 must be read in conjunction with the entire statute. … Although this language appears to establish county immunity from municipal ordinances, the precedential value of this statement is doubtful.