Case law

Opinion No.

Arkansas Attorney General Reports · Apr 3, 2003

See Acts 1967, No. 253, § 4. 3 Clearly, this statute sets forth a general policy in favor of Senate confirmation of gubernatorial appointees. … conservation and regulation of birds, fish, game and wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all property now owned, or used for said purposes and the acquisition and establishment

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1945

That the land be appraised by at least two disinterested qualified appraisers; “3. That the land be surveyed by the County sur- veyor or by a qualified licensed surveyor. … said station or sub-etation, we think the Board would clearly be authorized to purchase such additional acreage for such pur- poses.

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 8, 1991

benefits for state employees who are members of the state civil service system. 2. 91-303  Municipal courts are established … While section 395.07 clearly applies to judges (cf. People ex rel. Happell v.

Untitled California Attorney General Opinion

California Attorney General Reports · May 3, 1990

The required number of buildings used for business purposes in a given distance is sufficient for the establishment of a `business district'." (Adrian v. … The portion of highway described in our question would clearly be within a business district, as defined in section 235, because it is more than 300 feet long and the contiguously fronting property on both sides is occupied

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2000

liberal construction of Amendment 7" supports concluding "that substantial compliance may be found where the information entered on the petition form reasonably affords a sufficient basis" for determining that the signer is qualified … We have considered the Respondents' arguments carefully and are compelled to hold that the findings of the Master have not been shown to be clearly erroneous.

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 13, 1995

In general, however, the statute or instrument establishing a custodial fund or account must clearly provide, in unequivocal language, that moneys deposited in the fund must be segregated from other moneys in the state treasury … After making certain determinations of investment policy pursuant to rules and regulations, the board is required to offer such state moneys to qualified banks on a competitive basis, at maturities no longer than four years

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1983

The bill establishes a "telecommunications device El Paso. … In our opinion, such a program clearly contravenes article III, section 51, and article XVI, section 6, of the Texas Constitution.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

Section 23.024(a) of the Local Government Code provides: To be eligible for the office of mayor, alderman, or marshal1 of the municipality, a person must be a qualified voter in the … statutes prescribing candidate qualifications may be read as cumulative of each other, we think that a legislative intent that one statute apply exclusively, within the meaning of section 141.001(c), must be express or clearly

Ago

Florida Attorney General Reports · Feb 21, 1974

The retirement benefits provided in s. 112.05 (a noncontributory plan) may be elected by a qualified state employee in lieu of those to which he would be entitled under Ch. 122 , F.S. — a consolidated contributory retirement … The legislative history reveals clearly and unequivocally a legislative intent to authorize the inclusion of years of service with the War Manpower Commission in Florida in computing the aggregate years of service for the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Article I, section 19, of the Texas Constitution also provides for due process of law: No citizen of this State shall be deprived of life. liberty, property, privileges or immunities, or … matter of the establishment end .relocationof automobile dealer- ships.

Ago

Florida Attorney General Reports · Sep 12, 1978

Of the members first appointed, one shall serve for 1 year, one for 2 years, one for 3 years, and two for 4 years and in each case until his successor is appointed and qualified. … S., clearly provides the methods by which the state may enforce the provisions of the `little F.T.C. Act,' and since the state's attempted enforcement of Ch. 501, F.

Ago

Florida Attorney General Reports · May 2, 1977

Clearly, the plain language of s. 10, Art. … S.), covers some of the subject matter of Ch. 29432, supra , it is a well-established principle in this state that a general law will not ordinarily repeal by implication an earlier special or local law. Sanders v.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2002

Almost certainly, "yes," subject to the condition that the mere fact of public access does not necessarily qualify a public space or building as a public forum in which a labor organization might solicit members. … The Court further offered the following with respect to the standard applicable to limited public forums: When the State establishes a limited public forum, the State is not required to and does not allow persons to engage

Opinion No.

Arkansas Attorney General Reports · Apr 6, 2010

I conclude that, to the extent anything at all was intended, your intent was to establish "care" as a subdivision of the larger universe of "health care services." … The Patient Protection Act of 1995, A.C.A. §§ 23-99-201 to -209 (Repl. 2004, Supp. 2009), requires a health care insurer to allow qualified and willing health care providers to participate in the insurer's health benefit

Opinion No.

Texas Attorney General Reports · Jan 15, 1986

An example of the latter is an individual whose term of office has expired but for whom there is no qualified successor. … court, discussing article IV, section 12, said: The language, `If rejected, said office shall immediately become vacant, and the governor shall, without delay, make further nominations, until a confirmation takes place,' clearly

Opinion No.

Arkansas Attorney General Reports · Aug 28, 2003

A pro-life message conveyed on a license plate clearly meets this test. Compare Wooley v. … In my opinion, then, the display of a "Choose Life" message on a license plate is clearly private speech.

Opinion Number

Louisiana Attorney General Reports · Sep 26, 2003

Terrebonne Parish Communications District and the Bayou Cane Fire Protection District to provide direct dispatch for fire service response calls accomplishes the objective of providing fire and health protection and would qualify … Thus, Section 9105(1) is, by definition, clearly limited to the receipt of emergency telephone requests for the dispatch of appropriate emergency service units.

Opinion No.

Arkansas Attorney General Reports · Aug 1, 2003

Moreover, this authority is qualified by A.C.A. § 14-235-304 , which prohibits a municipal board of health from ordering or compelling anyone to construct a hookup running more than 300 feet from his property. … In order to establish an equal protection violation arising out of a classification that does not affect a suspect class or a fundamental right, it is necessary to show that the disparity is arbitrary.

Ago

Florida Attorney General Reports · Aug 23, 1977

S., provides: District medical examiners and associate medical examiners shall be entitled to compensation and such reasonable salary and fees as are established by the boards of county commissioners in the respective districts … of any civil action as an expert witness or who is subpoenaed to testify in such capacity before a state attorney in the investigation of a criminal matter, or before a grand jury , and who is permitted by the court to qualify

Opinion Number

Louisiana Attorney General Reports · Dec 17, 2008

*Page 3 In the instant case of Slidell Memorial Hospital Foundation, it is the opinion of this office that it would qualify as a quasi-public corporation. … Provided that members of the Board of Commissioners meet the criteria established, they may serve as Trustees.