Case law

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Florida Attorney General Reports · Jun 26, 2002

by statute. 2 Any county that elects to establish a Civil Traffic Infraction Hearing Officer Program is responsible for providing the funds necessary to operate the program. 3 As lawyers, these hearing officers are subject … serve at the pleasure of the chief judge of the county and circuit in which they are to hear cases and have no definite term of office. 13 They are not subject to the Judicial Code of Ethics although they have judicial immunity

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."

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Florida Attorney General Reports · May 26, 1993

Thus, a district school board may obtain insurance in excess of the limits of sovereign immunity established by s. 768.28 , F.S. (1992 Supp.), in anticipation of a claims bill which it may be liable to pay. … established by s. 768.28 , F.S. (1992 Supp.), in anticipation of any claims bill which it may be liable to pay but the board does not, by obtaining such coverage, waive its defense of sovereign immunity or increase its limits

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 18, 1994

In order to qualify for an award of compensation, a person must show economic loss arising from criminally injurious conduct. … The classification established in K.S.A. 74-7301 results in neither discrimination against members of traditionally suspect or quasi-suspect classes, nor infringement on any fundamental constitutional right.

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.

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Florida Attorney General Reports · Mar 2, 1978

Section 768.28 (5), as amended by s. 1, Ch. 77-86 , Laws of Florida, establishes monetary limitations on the liability of `the state, its agencies and subdivisions.' … Golden, 56 So.2d 911 , 913 (Fla. 1952), in which the court held that a hospital district was not possessed of sovereign immunity because its activities fell `more clearly in the category of `proprietary' functions than `governmental

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.

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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.

Arkansas Attorney General Reports · Oct 11, 2002

To qualify for designation, such agent shall reside or maintain a place of business within the limits of Pulaski County, Arkansas." … In my opinion, an ordinance requiring an out-of-state property owner to designate a county resident as his agent for service of process is clearly permissible under this standard.

Abortion Statutory Interpretation –Whether Section 20-208 of the Health-General Article Prohibits Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants from Providing Medication Abortions – Whether the Same Statute Prohibits Physician Assistants from Performing Surgical Abortions

Maryland Attorney General Reports · Sep 23, 2020

thus it may provide immunity only in cases where the physician could not be found liable in any event. … If the words of the statute, read in context, are both “unambiguous and clearly consistent with the statute’s apparent purpose,” our inquiry usually ends there. Id.

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Colorado Attorney General Reports · Nov 30, 2007

. § 24-76.5-103 , C.R.S. (2007 ) House Bill 06S-1023, codified as § 24-76.5-103 , C.R.S. (2006) (House Bill 1023), establishes that the public policy of the State of Colorado is that all persons 18 years of age or older must … The school district may waive the student's payment or reimbursement of tuition if the student qualifies for free or reduced lunch.

Opinion No. (1987)

Missouri Attorney General Reports · Jan 27, 1987

Is Bi-State Development Agency (hereinafter "Bi-State") a "municipality" as that term is used in Article III , Section 12 , Missouri Constitution, and does the representation of the agency's legal interest by an attorney qualify … immunity are always construed narrowly.

Maryland Attorney General Opinion 99OAG133

Maryland Attorney General Reports · Aug 25, 2014

The other two positions are established under county law: the Montgomery and Prince George’s County codes. … App. 670, 679 (1999) (holding that two positions established by the Town Code of Bel Air were “created by law”).

Opinion Number

Louisiana Attorney General Reports · Jun 30, 1997

Section 4 of the Act states that "no such regulations . . . shall become effective until after they have been approved by a majority of the qualified voters of the parish." … Article VI Section 17 provides with respect to land use and zoning by a local governmental subdivision: Subject to uniform procedures established by law, a local governmental subdivision may (1) adopt regulations for land

Attorney General Opinion No.

Kansas Attorney General Reports · Dec 13, 1994

For a student to avoid the certificate of immunization requirements of K.S.A. 72-5209 , as amended by L. 1994, ch. 206, § 1, they must qualify for one of the statutory alternatives. … State , 451 A.2d 107 (Md.App. 1982), the religious exemption was stricken as violative of the establishment clause of the first amendment of the United States consitution, but the balance of the compulsory immunization statute

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

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Florida Attorney General Reports · Sep 28, 1995

Nor does the district appear to qualify for an exemption under the other provisions of section 196.199 , Florida Statutes. … facilities for, among others, parks and facilities for indoor and outdoor recreational, cultural and educational uses. 5 See, s. 190.035 , Florida Statutes, prescribing the procedures for a community development district to establish

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Florida Attorney General Reports · Aug 9, 1974

Your first question is answered in the affirmative in that the subject property does not qualify for the municipal ad valorem tax exemption because it is not owned by a municipality and does not qualify for the religious … Tax exemptions are in the nature of special privileges or immunities granted by the sovereign only when, and to the extent that, they may be deemed to conserve the general welfare. Lummus v.

89 Op. Att'y Gen. 153 (2004)

Maryland Attorney General Reports · Aug 16, 2004

is authorized to provide officers and equipment to assist in the operation of a checkpoint established under the agreement. … Finally, the draft agreement includes provisions concerning official immunities and the allocation of liability.

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Florida Attorney General Reports · Apr 28, 2005

These special magistrates may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as special magistrates. … for his actions and was, therefore, immune from suit. 6 Based on this determination of quasi-judicial status and judicial immunity, this office has determined that a special master appointed pursuant to section 194.035 ,