Case law

Opinion No.

Arkansas Attorney General Reports · Jul 6, 2000

My inquiries have revealed that Kensett's "officially organized volunteer fire department" was established in 1964 by Ordinance No. 114 (the "Ordinance"). … , 609-10 , 940 S.W.2d 457 (1997): Under Arkansas law, there is a presumption that parties contract only for themselves, and a contract will not be construed as having been made for the benefit of third parties unless it clearly

Opinion No.

Arkansas Attorney General Reports · Apr 30, 2008

THE TIME THE ALIEN APPLIES FOR, RECEIVES, OR ATTEMPTS TO RECEIVE A STATE OR LOCAL PUBLIC BENEFIT OR A FEDERAL PUBLIC BENEFIT ADMINISTERED BY A STATE AGENCY OR POLITICAL SUBDIVISION, MEETS ONE (1) OR MORE OF THE CRITERIA ESTABLISHED … under penalty of perjury that he or she is a: (A) United States citizen or (B) Qualified alien."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2016

. § 37.003 (requiring a court to establish and maintain lists). . … App. 2015) (noting that "[t]he burden rests upon the individual who challenges a statute to establish its unconstitutionality").

No.

Colorado Attorney General Reports · Dec 1, 1998

Those violations would not qualify for immunity under the self-audit law. However, a discharge violation by an unpermitted entity, for example, would qualify for immunity. … Clearly then, EPA's attempt to impose its own penalty policy on the states has the same effect as a rule. However, this approach does not comply with the rulemaking requirements and procedures of the APA.

Ago

Florida Attorney General Reports · Apr 4, 2000

A county may not agree to indemnify another party to a contract or alter the state's waiver of sovereign immunity such that the county's liability may be extended beyond the limits established in section 768.28 , Florida … Question Four As discussed above, the county may not agree to alter the state's waiver of sovereign immunity and extend the county's liability beyond the limits established in section 768.28 , Florida Statutes.

Ago

Florida Attorney General Reports · Jun 29, 2000

The Court determined that the statutory authorization for municipalities to impose the utility tax did not constitute a waiver of the well-established immunity of state or county government from taxation by a municipality … Noting that "[t]he State's immunity from taxation is so well established in Florida's jurisprudence that little elaboration is needed here," the Court concluded that the state and the county were immune from the public service

Opinion Number

Louisiana Attorney General Reports · Oct 10, 2001

The Supreme Court further stated that "this grant of home rule authority must be interpreted broadly . . ." and "home rule powers, functions and immunities are to be construed fairly, genuinely, and reasonably, and any claimed … However, 1990 R.S. 33:103 was amended by Act 699 of as follows: Where a parish or municipality has adopted a charter for local self-government or other home rule charter and such charter provides for the establishment of

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1991

MacLean: You have requested an opinion regarding whether the Texas Department of Health (the “department”) may release a copy of a death certificate that lists acquired immune deficiency syndrome (“AIDS … While some potential “properly qualified applicants,” such as the deceased’s spouse, are persons to whom AIDS test results may be disclosed under the CDPCA, most potential “properly qualified applicants” are not.

Ago

Florida Attorney General Reports · May 26, 1993

The Court determined that the statutory authorization for municipalities to impose the utility tax did not constitute a waiver of the well-established immunity of state or county government from taxation by a municipality … implementing statute constitutes a waiver of the immunity.

Opinion No. (1984)

Nebraska Attorney General Reports · Feb 14, 1984

Immunity from the federal antitrust laws, however, requires further analysis. … Brown , 317 U.S. 341 (1943), which establishes the so-called `state action immunity' in those instances where a certain activity is compelled by the direction of the state acting as a sovereign.

Opinion No.

Texas Attorney General Reports · Oct 3, 2000

for state law claims and qualified immunity for any federal claims." … do not violate well-established law."

Ago

Florida Attorney General Reports · Jun 21, 1994

What documentary or record evidence would be sufficient to establish an immune real property transaction? In sum: 1. … was due on the transaction. 6 By approving the lower court's finding that no tax was due from the taxpayer corporations without requiring Orange County to have filed a circuit court condemnation action, the Supreme Court clearly

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 29, 2022

immunity: a non-mandated reporter is immune from civil or 8 Cal. … Jan. 1, 2020 (adding a “qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional,” as defined). 40 Dyna-Med, supra, 43 Cal.3d at p. 1392 (we are to avoid

Ago

Florida Attorney General Reports · Jun 25, 2008

Clearly, a municipality's attempt to regulate firearms is null and void. 5 However, the general provisions in section 790.33 , Florida Statutes, recognize that local zoning ordinances which affect other businesses in the … City of South Miami , 812 So. 2d 504 (Fla. 3rd DCA, 2002) (municipal ordinance establishing certain safety standards for firearms null and void as regulation preempted to the state) and Rinzler v.

Opinion No. Oag 76-78, (1978)

67 Op. Att'y Gen. 251 · Wisconsin Attorney General Reports · Oct 19, 1978

I believe such intent is clearly expressed in the underlined language in sec. 13.48 (13), Stats., above. … Town of Ashwaubenon , 9 Wis.2d 329 , 100 N.W.2d 915 (1960) The purpose of zoning is to establish limitations upon the use of property. State ex rel. Schleck v.

Opinion No. (2004)

California Attorney General Reports · Apr 28, 2004

testimony as an expert witness in a medical malpractice suit, whether on behalf of the plaintiff or the defendant, concerning the applicable standard of medical care and whether the defendant has breached that standard would clearly … Preliminarily, we note that the litigation privilege of Civil Code section 47 , subdivision (b)(2), would not provide immunity from possible discipline by the Board. As the court in Budwin v.

No.

Colorado Attorney General Reports · Feb 9, 2000

P. 41.1 Nontestimonial Identification Order, and the Arrest and Search Warrant Affidavits, the deputy district attorney in question was not entitled to quasi-judicial immunity, but only to qualified immunity. … Even such clearly non-judicial entities as the State Board of Medical Examiners are entitled to quasi-judicial immunity when performing specific quasi-judicial functions. Horwitz v.

(2005)

90 Op. Att'y Gen. 92 · Maryland Attorney General Reports · Jun 27, 2005

Whether CP § 2-104 applies to an NSA police officer depends on whether that officer qualifies as a "federal law enforcement officer." … However, an officer would have no official immunity from liability for such an action.

(1998)

83 Op. Att'y Gen. 3 · Maryland Attorney General Reports · Dec 21, 1998

However, in the intervening half-century, the Supreme Court has elaborated and qualified that doctrine. The key elements of the current analysis were established in California Retail Liquor Dealers Assn. v. … Duffy , 479 U.S. 335 (1987), the Court found that while the New York state legislature had clearly adopted a policy of resale price maintenance for the liquor industry, the state itself did not establish prices, review the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2009

Because a municipality is just one of the various entities encompassed within the tenn person, we conclude that the tenn municipality is used in section 1954.259(b) for the purpose of clearly identifying the entity to which … Thus, we understand those questions to relate to a municipality's immunity from suit, which works to bar an action unless consent to suit can be established. See Wichita Falls State Hosp. v.