Case law

Ago

Florida Attorney General Reports · Feb 10, 1983

City of Tampa, 31 So.2d 468 (Fla. 1947) (in order for court to declare one statute impliedly repeals another, it must appear that there is a positive repugnancy between the two, or that the last was clearly intended to prescribe … Representatives, February 22, 1979, stating that House Bill 261 (companion bill to Senate Bill 29) would exempt all personnel in Projects, Contracts and Grants budget of the Department of Education even though they do not qualify

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2001

(establishing and defining the operations of the School for the Deaf and the School for the Blind); Ark. Op. Att'y Gen. … The legislation clearly provides for the consolidation, on the one hand, of the Arkansas School for the Deaf and the Arkansas Institution for Advocacy for the Deaf and, on the other, of the Arkansas School for the Blind and

Opinion No.

Texas Attorney General Reports · Mar 19, 1985

Box 2910 Austin, Texas 78769 Re: Whether the legislature may impose a longer residency requirement on out-of-state residents who wish to qualify for resident tuition at a state university Dear Representative Delco: In all … The cases upholding one-year residency requirements clearly indicate that the requirement must be reasonable but have determined that the one-year period is reasonable.

Opinion No.

Arkansas Attorney General Reports · Jan 18, 2008

. § 19-11-902 (b)(5) (Supp. 2007) (defining an "ordering office" as being "any state department, independent establishment, board, commission bureau, service, or division of state government and any wholly owned state corporation … Const. amend. 55 , § 3 setting forth the powers of the county judge, clearly empowers the county judge to contract on behalf of the county, subject initially to the constitutional restriction discussed above.

Opinion No.

Texas Attorney General Reports · Jan 28, 2002

Furthermore: [i]f a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. … The temporary board of directors is required to "call and hold an election to confirm establishment of the district and to elect initial directors." Id . § 8(a).

Opinion No.

Arkansas Attorney General Reports · May 8, 2006

Your constituent also states that "TCPN offers commodity contracts to participating agencies that have been established through open competition as prescribed by the laws of the State of Texas." … A competitive process such as that utilized by TCPN would clearly contravene Arkansas law in this respect.

Opinion No. Oag 8-87, (1987)

76 Op. Att'y Gen. 29 · Wisconsin Attorney General Reports · Mar 16, 1987

That difficulty clearly remains despite the 1959 amendment. … Such subcontractors are "qualified for listing" under the statute and are considered to be part of the proposal despite their omission.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 22, 1987

Because there is no doubt that the conventional meaning of the term includes persons over 25 years of age, we should deviate from that construction only for compelling reasons-for example, if it can be clearly … established that the Legislature did not intend the word to be understood in its ordinary sense."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

Despite the statement in Sub-section 6(a) of Article 4075b that a Commercial Bay-Bait Shrimp Boat operator can lawfully sell the shrimp he takes "in the manner provided by this ActY , other provisions of the Article do not clearly … Ed. 1460 (privileges and immunities clause and commerce clause). The Texas Court of Criminal Appeals in Jones v. State, 119 Cr.

Opinion No.

Texas Attorney General Reports · Dec 22, 2000

XI , § 11 , paragraph three establishes special requirements for vacancies occurring on municipal governing bodies. … "An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion." Id .

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

However, the general rule of disclosure under the FOIA is qualified by A.C.A. § 25-19-105 (a), which provides for disclosure of all public records "[e]xcept as otherwise specifically provided by this section or by laws specifically … Any Act of Congress "is to be presumed to be a constitutional exercise of legislative power until the contrary is clearly established." Close v. Glenwood Cemetery, 107 U.S. 475 (1883); accord I.N.S. v.

Opinion No. (1995)

Nebraska Attorney General Reports · May 11, 1995

Laws, LB 427, which first established the definition of "community betterment purposes" under § 9-604 (1), including the subsection establishing "tax relief for the community" as such a purpose. … Such a `betterment' clearly is not shared by the entire community. As a result, L.B. 795, § 6, does not qualify for the `community betterment' exception to article III, § 24. Id.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1951

The Texas State University for Begroes was established by Senate Bill 140, Acts 50th Leg., 1947, ch. 29, p. 36 (Art. 2643b, V.C.S.). … The provision in Senate Bill 140 requiring the establishment of courses upon de- mand of qualified applicants is clearly in conflict with the provisions of Section 20 and with Sections 21 and 22 of Article V in House Bill

Opinion Number

Louisiana Attorney General Reports · Apr 17, 2000

Hunt: I am in receipt of your request for an Attorney General's opinion concerning the establishment of a policy by the Louisiana Board of Elementary and Secondary Education (BESE) and each local educational agency (LEA) … Director, Missouri Department of Health, 110 S.Ct. 2841 (1990), the Supreme Court held that while there was no absolute right to refuse such care, a competent individual would clearly have a constitutionally protected "liberty

Opinion No. (1998)

California Attorney General Reports · Dec 29, 1998

As for the Unruh Act, it gives physically handicapped persons the right to full and equal accommodations and services in business establishments. (Civ. … Code, § 51 ) Appellants do not attempt to explain how it applies here, and in light of its history and express language, it clearly does not.

Opinion Number

Louisiana Attorney General Reports · Jun 23, 1995

To the contrary, the Slatten Memorandum of December 14, 1994, clearly links payment to past performance. … No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2011

Clearly, the Legislature knows how to prohibit such dual service, but has not done so in the situation you present. See Tex. Att'y Gen. Op. No. GA-0779 (2010) at 3 (citing FM Props. Operating Co. v. … II is well established that both positions must be public offices in order for "conflicting loyalties" incompatibility to be applicable. Tex. Att'y Gen. Op. Nos. GA-0350 (2005), GA-0169 (2004), JM-1266 (1990); Tex.

Ago

Florida Attorney General Reports · Oct 10, 1978

S., as `a county or a municipality established by general or special law.' … I would also note that, since certain duties and powers have been clearly and expressly imposed on or granted to the department by part III of Ch. 218, F.

Opinion No.

Arkansas Attorney General Reports · Oct 25, 2004

It has been stated that the last-cited case: . . . reviewed the Arkansas case law and statutory authority which established the premise by which assessment statutes and methods must be measured. … The rents on the units are limited to a percentage of qualifying income.

Opinion No.

Texas Attorney General Reports · Sep 24, 1999

"[T]he construction of a statute by an agency charged with its execution is entitled to serious consideration unless the agency's construction is clearly inconsistent with the Legislature's intent." … Given the Legislature's express intent not to make such changes, we conclude that the Anti-Retaliation Law as recodified does not waive governmental immunity." 898 S.W.2d at 294 .