Case law

Attorney General Opinion No.

Kansas Attorney General Reports · Aug 4, 1997

This type of wholesale disqualification is unreasonable and clearly does not serve or promote any legitimate public purpose. … What will be considered property for purposes of due process protection has been established by the United States Supreme Court: "To have a property interest in a benefit, a person clearly must have more than an abstract

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1946

'Iheproposed ameodmont to Sdctjon 107 clearly authorizes the City to levy $2.50 for city purposes, exclusive of taxes levied for sohool purposes, but leaves some doubt es to whether the City aould have a sohool tax should … or hereafter to be established .within and it is further authorized to pass such ordinances, ">i the limits, Hon.

Opinion No. (2000)

Nebraska Attorney General Reports · Jan 3, 2000

The party asserting the unconstitutionality of a statute has the burden of overcoming this presumption by clearly demonstrating that the statute is unconstitutional. State v. … Granting to any corporation, association, or individual any special or exclusive privileges, immunities, or franchise. . . .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1998

It is well established that section 16 prohibits retroactive laws only to the extent “they destroy or impair vested rights.“14 For this reason, a law is not invalid even though retroactive in operation unless vested … An officer who voluntarily resigns from office is clearly subject to article XVI, section 17.”

Opinion No. (2001)

Nebraska Attorney General Reports · Jan 12, 2001

THE DRIVER'S PRIVACY PROTECTION ACT The Driver's Privacy Protection Act of 1994 ("DPPA") established a regulatory scheme that restricts a state's ability to disclose personal information about any individual obtained in connection … Although the DPPA does not address liability for accidental or negligent disclosure, it clearly places the burden on the State to determine whether a request qualifies under an exception prior to disclosure.

(1972)

61 Op. Att'y Gen. 41 · Wisconsin Attorney General Reports · Jan 28, 1972

The above response to your first question appears to be clearly dictated by the language of the statute. … You have expressed the view that such a filing would not so qualify the political organization involved.

Opinion No.

Arkansas Attorney General Reports · Aug 11, 2000

This broad prohibition, however, is qualified. … In the present case, the use of excerpts as highlights would clearly be of a commercial nature.

Ago

Florida Attorney General Reports · Oct 24, 1978

Your letter advises that the Frostproof City Council has adopted a `motion' which reads as follows: [I]n the future a qualified appraiser [shall] be used by the city to set the value of a street (to become property) when … First, there must be a clearly manifested intention by the owner of the property to dedicate it to public use. Second, the public, through its authorized agents, must clearly show its intent to accept the dedication.

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2003

This ordinance clearly authorizes a tax on caterers. … Clearly, both the city in which a catering business is located, and the cities in which it hosts events, receive a benefit from that caterer's business.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

district may be the governing body of the single city, county, hospital district or school district, or that governing body may appoint from among the qualified voters of the region to be served a bdard of … Under these circumstances, our opinion is entitled to great weight in the courts, which will follow it unless clearly wrong. Thomas v. Grobl, 147 Tex. 70, 212 S.W.Zd 625 (1948).

Opinion No.

Arkansas Attorney General Reports · Aug 28, 2003

In my opinion, read together, these statutes and constitutional provisions clearly authorize a county to contract for the collection of delinquent taxes. … payments received under a contract as provided for in this section shall be collected at the same time and in the same manner as all other property tax payments, and no payments shall be collected after the last payment day established

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

affecting navigation, he would be able to qualify for consideration by the Commission pe 2511 … The Commission, when establishing policy guidelines for the Parks and Wildlife Department, must establish

Opinion No.

Arkansas Attorney General Reports · Apr 17, 2009

App. 66 , 884 S.W.2d 629 (1994)."). 2 *Page 4 Given that there appears to be no jurisdictional issue, I will proceed to address the question of whether a failure to appear would qualify as a Class C felony or a Class A misdemeanor … *Page 5 hearing the defendant failed to attend was clearly not called to "answer a charge of felony" as contemplated in A.C.A. § 5-54-120 (b).

Opinion No. Oag 51-88, (1988)

77 Op. Att'y Gen. 223 · Wisconsin Attorney General Reports · Sep 21, 1988

In the employment context, an otherwise qualified person is one who can perform the essential functions of a job. 45 C.F.R. § 84.3 (k) (1987). … Finally you ask whether licensing boards may establish practice restrictions which they find necessary to prevent the transmission of a communicable disease.

Ago

Washington Attorney General Reports · Jul 12, 2001

Both RCW 29.13.020 and RCW 89.08.190 establish times for holding elections. … The purpose of this statute "is to clearly establish that the county is not responsible for any costs involved in the holding of any city, town, or district election." RCW 29.13.045.

Opinion No.

Arkansas Attorney General Reports · Sep 1, 1999

The "Petroleum Storage Tank Trust Fund" is established at A.C.A. § 8-7-904 (Supp. 1999). … First, it does not appear clearly that Act 1464, § 22 amends or extends A.C.A. § 8-7-905 . A construction issue is present, in my opinion, as to whether A.C.A. § 8-7-905 (d)(2) includes the payment of personnel costs.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1973

” We believe that the Legislature has manifested a clear and unambiguous intention that the judicial offices established … Postponing the effective date of this legislation was clearly within the p. 646  .

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 27, 1997

Upon the conditions provided in subsection (f) of K.S.A. 1996 Supp. 12-343 , the plan was to be submitted to the qualified electors of Wyandotte County. … alterius (the mention or inclusion of one thing necessarily implies the exclusion of another) may assist in determining legislative intent that is not otherwise manifest, but it should not be employed to override or defeat a clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

“Sec. 3(a) There Is hereby established an Optional Retirement Program. … The act clearly sets out, In all of Its provisions and requirements, the duty and responsibility for the Optional Retirement Program to be with the governing board of each institution of higher education

Opinion No. Oag 55-81, (1981)

70 Op. Att'y Gen. 210 · Wisconsin Attorney General Reports · Oct 12, 1981

In my opinion the qualifying clause in sec. 942.04 (2), Stats., applies to all the previous clauses as well as the last antecedent clause. … This statute provides a cause of action when two or more persons "conspire or go in disguise on the highway or on the premises of another" to deprive another of his equal protection, privileges and immunities under the law