Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1995

Neither is federal law useful in establishing such a date. A brief submitted to us by Ms. … Qualifying veterans are exempt from all other fees and charges.

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Florida Attorney General Reports · Sep 16, 1988

Such a contract would not appear to qualify as a consultant other-personal-services contract as provided for in Ch. 216 , F.S. (2) The provisions of s. 240.227(11), F.S., authorizing a university president to adopt rules … In setting forth the purpose of the statute, s. 112.24 , F.S., clearly states that the section provides for the temporary assignment of employees among agencies of government.

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.

Arkansas Attorney General Reports · Dec 17, 2008

If in fact that is the case, then the answer to both of your questions is clearly "yes," in my opinion. … Generally, therefore, the recommendations contained in a county resolution do not qualify as a levying ordinance.

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Florida Attorney General Reports · Nov 5, 1996

received pursuant to law or ordinance or in connection with the transaction of official business. 6 The records of the human rights advocacy committees, entities created by statute to perform the duties prescribed therein, clearly … and in view of the independence of such committee from the department, I am of the view that, until legislatively or judicially clarified, the members of the Statewide and District Human Rights Advocacy Committees do not qualify

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Florida Attorney General Reports · Jul 12, 1984

As stated in s 166.041 (3)(c)2.c., the notice prescribed therein shall clearly explain the proposed ordinance and shall notify the person of the time, place and location of both public hearings on the proposed ordinance. … Nor does the statute define or limit or qualify the phrase "permitted use categories" in zoning districts or distinguish between absolute or conditional uses.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1997

There.are clearly a number of nongovernmental entities,such as utility,railroad,or tramway companies, that have condemnation authority. See generally 32 TEX. … The court held that assessment of the rollback tax against the RTC was barred based on sovereign immunity. Id. at 798, 805 (construing 12 USC. § 1441=(g)).

Opinion No.

Texas Attorney General Reports · Dec 28, 2009

, 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 Number

Louisiana Attorney General Reports · Oct 7, 2009

In other words, a cooperative endeavor agreement must meet the general standards for the non-gratuitous alienation of public funds established in Paragraph (A). … Clearly, the Town of Waterproof will receive something of value in return for the proposed expenditure and the proposed expenditure does not appear to be merely gratuitous.

Opinion No.

Texas Attorney General Reports · Feb 21, 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.

Opinion No.

Arkansas Attorney General Reports · Nov 21, 2006

. § 415 ) sets out limitations on contributions and benefits which apply to individuals covered under a "qualified defined benefit plan" within the meaning of 26 U.S.C. § 401 (a). … . § 415 (b) (establishing the basic rule regarding the annual benefit which may be paid to any individual by a defined benefit plan).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1962

The language providing that it must be established"that none not active have interest In partnershipprincipallyto have written and be compensatedtherefor for insuranceon property controlled through ownership, mortgage or … Had the Legislature intended to authorize inactive part- ners and exempt them from either the licensing or,examination requirements,it ia only logical that It would have done so clearly and explScit3.y as in the case of the

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Florida Attorney General Reports · Oct 23, 1978

City of Tallahassee, 325 So.2d 1 (Fla. 1975), housing that the sovereign immunity of the state and its agencies, county and county school board was not waived by authorizing constitutional provisions or implementing statutory … The court pointed out that, insofar as Ch. 21968 contained no reference to the City of Miami, or its employees, or to the special acts of the Legislature by which the city was created or its charter approved and established

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2008

Given that the subjects of the request are county employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal *Page 4 privacy."

Opinion No.

Arkansas Attorney General Reports · Jun 1, 2007

. § 24-12-121 , the retirement benefit under this subsection is clearly based upon the City Clerk's salary. … The term "service" clearly has reference to the person's service as city clerk or city-treasurer.

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Florida Attorney General Reports · Nov 9, 2005

To qualify for the benefit of a tax exemption, the person seeking the exemption must clearly come within the requirements and scope of the law granting the exemption. 1 While ambiguous language in taxing statutes should be … The constitutional provision does not establish an absolute right to a homestead exemption; rather, the exemption may be granted to an applicant only "upon establishment of right thereto in the manner prescribed by law."

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Florida Attorney General Reports · Jul 30, 1990

This section does not limit or qualify municipal regulation thereunder to "waters of this state" but authorizes the regulation of vessels resident in the municipality under the conditions prescribed therein. … It is a general rule of statutory construction that where the language of a statute is unambiguous, the clearly expressed intent must be given effect, and there is no room for construction. 2 Further, s. 327.60 (1), F.S.,

Opinion No. Oag 10-81, (1981)

70 Op. Att'y Gen. 36 · Wisconsin Attorney General Reports · Mar 11, 1981

The establishment of child support involves both quasi-criminal and civil regulatory jurisdiction. … The constitution, however, does not establish the duties of a district attorney. In Jessner v.

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Florida Attorney General Reports · Mar 9, 1978

This conclusion was based upon the general rule noted in AGO 071-75: . . . ordinarily, the state and its agencies are not considered as within the purview of a statute unless intention to include them is clearly manifest, … It is well established, however, that the actions of a municipal governing body are not considered to be separate actions of individual municipal officers. See Turk v.

Opinion No. (1999)

Nebraska Attorney General Reports · Feb 5, 1999

Such employee, in order to qualify for prior service credit toward a service annuity, shall have the same qualifications as members of the School Retirement System of the State of Nebraska who became members on or before … To so conclude would read the term, "actuarially reduced," out of the statute and further, not give effect to clearly expressed legislative intent.