Case law

Untitled California Attorney General Opinion

California Attorney General Reports · May 19, 1993

Section 7285 requires that a county's transactions and use tax ordinance be "approved by a majority vote of the qualified voters of the county voting in an election on the issue." … electorate under procedures established by the Legislature. 3 In 73 Op. Cal. Atty.

Opinion No. (2009)

Nebraska Attorney General Reports · Aug 17, 2009

The unconstitutionality of a statute must be clearly established before a court may declare it void. State v. Spady , 264 Neb. 99 , 645 N.W.2d 539 (2002) . … III, § 19 states clearly that the compensation of members of the judiciary may be increased only "at the beginning of the full term of any member thereof."

Opinion No.

Arkansas Attorney General Reports · Oct 27, 2005

similar vein, A.C.A § 14-236-109 provides as follows: Property owners' associations that construct and maintain or have constructed and maintained sewage disposal facilities in accordance with the standards and regulations established … Clearly, therefore, the Architectural Control Committee (if it is indeed exercising such power under one of these statutes), is to this extent performing a governmental function of public concern that is "intertwined" with

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Moreover, the burden to--establish the facts necessary to claim an exempti& falls upon the institution seeking the exemption, Malone- Hogan Eospital Clinic Foundation, Inc. v. City of Big Spring, 288 S.W.Zd 550 (Tex. … As this office declared in Attorney Geueral Opinion MW-288 (1980); In our opinion, the definition of 'charitable f"nCtions' in section 11.18(c)(l) clearly serves not to enlarge the meaning of

Opinion No. Oag 6-78, (1978)

67 Op. Att'y Gen. 20 · Wisconsin Attorney General Reports · Jan 31, 1978

[I]t is essential to preserve the balance of local and central governments thus established. … That fact, clearly established in Clark v. Allen , 331 U.S. 503 , 517 (1947), was reaffirmed by the Supreme Court in Zschernig v.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 31, 1998

Based upon the foregoing analysis of lotteries and banking games, the court had little difficulty in determining that CSL Keno was an illegal banking game: “This scheme is clearly a banking game, with CSL acting … Given these factors, the basic structure of Super Lotto qualifies as a “lottery.”

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 29, 1987

Regulation 6926 states in part: "'Very low income households' means persons and families whose gross incomes do not exceed the qualifying limits for very low income families established and … The qualifying limits are set forth in Section 6932.

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 · Oct 27, 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.

Texas Attorney General Reports · Mar 24, 1986

After discussions with no less than three firms, and on the basis of established and published criteria, the agency selects no less than three firms deemed to be the most highly qualified to provide the services required. … In the second stage of the process, the agency head then enters into negotiation with the firm selected as the most qualified.

Opn. No.

New York Attorney General Reports · Sep 8, 1981

The decision to establish a State lottery is one such exception, but it is of narrow scope. … Specifically, § 1303 of Article 30 of the Tax Law established a state lottery commission and § 1305 (a) empowered the commissioner "[t]o establish no more than twelve drawings in each fiscal year."

Opinion No.

Texas Attorney General Reports · Dec 22, 1982

would accomplish the objective of limiting the use of public medical facilities to bona fide residents of the county without sweeping within its prohibitions those bona fide residents who had moved into the state within the qualifying … Supp. 212 (S.D.Tex. 1979), aff'd, 648 F.2d 425 (5th Cir. 1981), the court upheld a Texas statute which provided that, if a student lived apart from his parents, he was required, in order to establish residency, to show that

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1973

Act holds office until February 1, 1975 and until his successor is appointed and qualified … As A,ttorney General Opinion M-814 is clearly inapplicable to the Red

Opinion No.

Texas Attorney General Reports · Dec 28, 2005

Section 693.002 (a) of the Health and Safety Code governs this issue and it is clearly intended to facilitate timely organ removal for transplantation. See Tex. … By its plain terms, however, section 692.015 establishes a rule of construction only for Health and Safety Code chapter 692, the Texas Anatomical Gift Act.

Ago

Florida Attorney General Reports · Nov 5, 1992

Accordingly, inasmuch as Enterprise does not appear to qualify as an "agency" as defined in s. 287.012 (1), F.S., I am of the opinion that the Board of Directors of Enterprise is not subject to the competitive bid requirements … or making it confidential. 14 "Agency" is defined to mean: [A]ny state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established

Opinion No.

Texas Attorney General Reports · Oct 8, 1986

(d) The board 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 relicensing as a pharmacy in each classification … Out-of-state mail-order pharmacists or pharmacies which fill prescriptions for Texas residents clearly deliver, dispense, or distribute those prescriptions in Texas.

Opinion No. (2005)

California Attorney General Reports · Dec 22, 2005

Section 53055 requires the establishment of various customer service standards: "Each cable television operator or video provider in the state shall establish customer service standards. … "(d) All video providers shall have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday to Friday, inclusive, excluding holidays, during normal business hours.

Untitled Texas Attorney General Opinion: KP-0481

Texas Attorney General Reports · Feb 6, 2025

Notably, those forms “must clearly state that [a] failure to accurately and truthfully answer all questions . . . … Collier, 478 F.2d 268, 270–72 (5th Cir. 1973) (rejecting vagueness challenge to a federal analog, where the phrase “course of professional practice” was “[m]anifestly . . . intended to limit . . . immunity” and did not aid

Opinion No. Oag 9-93, (1993)

81 Op. Att'y Gen. 56 · Wisconsin Attorney General Reports · Jun 30, 1993

Because the language contained in section 13.48 (13) must be construed very narrowly, it is my opinion that the Legislature has never surrendered the state's common law immunity from zoning with respect to state construction … But "[t]he law is well established that where a state act fully covers a subject or the state otherwise manifests a purpose to establish a uniform state rule pertaining to it, conflicting local ordinances on the same subject

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

Section 81.103(a) of chapter 81 of the Health and Safety Code provides that acquired immune deficiency syndrome (AIDS) and HIV test results are confidential, and that a person who “has knowledge of a test result may not release … Clearly, in informing the board secretary and executive director about a dental health care worker’s HIV status without the dental health care worker’s written authorization, the expert panel would reveal confidential information

Ago

Florida Attorney General Reports · Feb 2, 1995

Clearly, the legislative body of the county was cognizant of and recognized that for certain purposes the inclusion of incorporated areas within special districts could be accomplished. … Chapter 125 , Florida Statutes (1994 Supp.), authorizes counties to create special districts and municipal service benefit units for providing municipal services, in those instances that the statutes extend this power, it is qualified