Case law

Opinion No.

Texas Attorney General Reports · Jan 28, 1982

Article 1069 clearly grants to a city council `control' of a fire department. … As to the question of ipso facto resignation, Texas courts have held that when the holder of one office accepts and qualifies for a second, he automatically relinquishes the first office. Thomas v.

Opinion Number

Louisiana Attorney General Reports · May 19, 1995

Essentially, all of these authorities cite the well-established rule that payments of additional compensation to public employees, to be constitutionally valid, must be in the form of salary increases for future services … The grounds for additional incentive pay must be objective criteria clearly stated. Finally, the program must have prospective effect only, with regard to future performance by employees.

Opinion Number

Louisiana Attorney General Reports · Sep 26, 1994

Under the facts as established by your opinion request and information provided by Ms. … Clearly, the internship does not and indeed cannot provide training that would otherwise be obtainable in the classroom.

Colleges and Universities Public Safety – The Johns Hopkins University Police Department – The Extent of the Police Department's Off-Campus Jurisdiction – How Community Support for that Jurisdiction is Determined

Maryland Attorney General Reports · May 5, 2020

At the risk of stating the obvious, the degree of adjacency to campus diminishes the farther away an area is from the campus border; a neighborhood block that adjoins the campus area is clearly adjacent to the campus, while … See, e.g., ED § 24-1205 (explaining that the purpose of the University Police Accountability Board, which must be established in tandem with the establishment of the Hopkins PD, is to “[e]nable community members to share

Ago

Washington Attorney General Reports · Jun 21, 1999

Veharen supports our conclusion that the death or disqualification of the winning candidate in an election should not result in a victory for a candidate who clearly lost the race. … Even if such votes are ineffective for electing a candidate, they can clearly establish the voter's rejection of another candidate.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2006

Section 118.052 establishes a similar fee schedule for certain services rendered by the clerk of a county court2 See id. 6 118.052. Both sections establish a fee for “Certified Papers.” … Though undefined by Texas statute or judicial opinion, clearly the clerk’s certificate referred to in sections 118.014 and 118.060 is the same clerk’s certificate referenced in sections 118.011 and 118.052.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

This, they contend, clearly establishes that their property was included in the city's corporate area solely for tax purposes and was not intended to be used for town purposes. … Whether any person qualified to vote in the 1967 election was unlawfully denied this right cannot be determined in this opinion.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1985

TX. 7S2G527S7 non-Texas. residents to qualify for resldent tuition or that requires w? … The cese:s upholding one-year residency require- ments clearly indicate that the requirement must be reasonable but have determined that the one-,year period is reasonable

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 19, 1992

Here, the city ordinance establishes city policy vis-a-vis application of the civil provisions of the Act to undocumented aliens within the city. … While ostensibly a question of governmental immunity, [citation] this issue is perhaps `best understood as posing an issue essentially of federal preemption.' [Citation.]

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2003

to opine on the constitutional implications of the fact that these ascriptions are clearly being offered as a legislative means of foreclosing a currently pending tax dispute that can be resolved only by applying precisely … Moreover, this statute, enacted by Act 3 of 1991, § 7(a), is qualified by Act 3 of 1991, § 7(c), codified at A.C.A. §§ 26-53-126 (c), which provides that the tax "shall not apply to a motor vehicle trailer or semitrailer

Opinion No.

Texas Attorney General Reports · Apr 7, 2006

The Texas Supreme Court has clearly distinguished between the phrase "term of office" and an individual's tenure of office. See Spears, 398 S.W.2d at 926 . … As this office has stated, "[a] term of office may be legally established for a period of two, three, four[,] or six years.

Maryland Attorney General Opinion 99OAG225

Maryland Attorney General Reports · Dec 19, 2014

As we see it, all three of these districts qualify as special benefit taxing districts, as opposed to general taxing districts, and all three operate in a largely similar fashion. … Nor do the provisions of the Tax-Property Article specified in paragraph (h)(1) clearly encompass special benefit district taxes.

(1998)

83 Op. Att'y Gen. 84 · Maryland Attorney General Reports · May 5, 1998

Credit unions may only offer their services to those individuals who qualify under applicable law for membership. … The determination of a proper field of membership is the basic "activity" upon which their ability to offer services is established.

Opinion No. Oag 37-78, (1978)

67 Op. Att'y Gen. 153 · Wisconsin Attorney General Reports · May 22, 1978

This result was based largely upon the duty of the school board, under sec. 118.21 , Stats., to "contract in writing with qualified teachers." 63 Op. Att'y Gen. 16 (1974), at p. 18. … This purpose is not clearly inconsistent with establishment of supplemental benefits through collective bargaining.

Second Addendum to Opinion No. 41-83 (1983)

Missouri Attorney General Reports · Sep 22, 1983

A material must qualify as a solid waste before it can be considered as a hazardous waste. 40 CFR 261.1 (a) and 261.3 (a). … Further, remedial statutes such as Sections 260.350 to 260.430 are to be given a liberal construction, so as to meet the cases which are clearly within the spirit and reason of the law, and so as to meet the evil which the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

responsible for the regula- tion of the practice of pharmacy in this state, including the fo:kowing: (1) the :.J.censingby examination or by reciprocity OE applicants who are qualified … (d) The boa::d shall establish by rule the standards that each pharmacy and its employees or personnel involved in the practice of pharmacy shall meet to qualify for the licensing or re-

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 24, 1993

At issue is whether the analgesic use of nitrous oxide/oxygen qualifies as a local or general anaesthesia. … The statute authorizes the board to establish additional procedures.

Natural Resources Forest Conservation Act – Whether the Act Permits Forest Mitigation Banks that Merely Preserve Existing Forest, Rather than Create or Restore Forest

Maryland Attorney General Reports · Nov 24, 2020

The Advisory Group’s final report did not include any recommendation that existing forests should qualify for treatment as “mitigation bank[s].” … At first glance, it seems hopelessly ambiguous; paragraph (i) contains one verb without any subject, and the introductory clause contains a series of nested modifying phrases without clearly identifying the antecedent for

Opinion No. (2010)

California Attorney General Reports · Mar 8, 2010

We assume for purposes of our analysis that all rights of way in question qualify as "land alienated to non-Indians," 56 and that the controlling instruments of conveyance do not reserve for the tribes any specific taxing … The Department's obligation to "improve and maintain the state highways" 59 — activities which are "clearly within the scope of the purpose of the right of way as well as the State's sovereign duty" 60 — do not establish

Opinion No. Oag 46-79, (1979)

68 Op. Att'y Gen. 126 · Wisconsin Attorney General Reports · Apr 24, 1979

IV , sec. 22 , and cannot authorize the county board to delegate the board's legislative power *Page 128 to the electorate, it is well established that a county board resolution or ordinance which a county can otherwise legally … In this instance the electorate is specifically defined as anyone who qualifies as an elector under the general election laws, sec. 6.02 , Stats., and the only limitation imposed by sec. 92.09 (1), Stats., is that which limits