Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 29, 1993

If both so qualify, her position as a City commissioner is "deemed . . . vacated" under section 8.103. … However, both the title of Chapter V of the Code of Civil Procedure and section 803 refer to both an office and a franchise, clearly indicating that one does not include the other insofar as those terms

Housing Rehabilitation by Municipalities

72 Pa. D. & C.2d 1 · Pennsylvania Office of the Attorney General · Jul 25, 1975

As this alliance between public and private interests is clearly prohibited in respect to all enterprises of whatever kind, if we hold that these municipal bodies cannot do on their own account what they are forbidden to … The city was expressly held immune from liability for any deficits that may arise in the course of the conduct of the operatic performances: Bernstein v. Pittsburgh, 366 Pa. 200 , 77 A.2d 452 (1951).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Clearly, House Bill 957 was intended to address the status of reserve law enforcement officers, such as reserve deputy constables, and was not intended to affect the status of constables. … Similarly, the concealed-handgun law establishes special application requirements for concealed-handgun licenses for active peace officers: “A person who is licensed as a peace officer under Chapter 415 [now Occupations Code

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 16, 2008

facility operations 23 and can inspect electronic gaming machines, lottery facility games, and gaming facilities. 24 The executive director can order the deactivation of any or all electronic gaming machines at any time. 25 Clearly … Applying the Prohibition of K.S.A. 2007 Supp. 74-8762(e ) In light of the authority of the various entities that play a role in expanded gaming, it would appear that an individual who qualifies as a "state or local official

Opinion No.

Texas Attorney General Reports · Jul 23, 2009

To establish residency under this provision, section 54.053(3) requires a person to submit information to establish the resident status and "if the person is not a citizen or permanent resident of the United States, an affidavit … Federal Statutory Preemption Under the Supremacy Clause of the United States Constitution, "any state law, however clearly within a State's acknowledged power, which interferes with or is contrary to a federal law, must yield

No.

Colorado Attorney General Reports · Feb 1, 2010

forth in the following section. 8 One such exemption is a benefit *Page 6 plan that is purchased, issued or delivered to an employer outside the state of Colorado but covers residents of Colorado. 9 However, in order to qualify … that have already occurred or rights and obligations that existed before its effective date." 12 To overcome the presumption of prospective application, the legislature's intent that a law applies retroactively must be clearly

Ago

Florida Attorney General Reports · Feb 11, 1981

Section 6(e) does not in terms purport to establish the exclusive method by which the county may adopt a charter establishing county government. Cf . s. 6(g), Art. … VIII, State Const. 1968, clearly comprehends or implies an option to proceed under either s. 1(c), Art. VIII, State Const. 1968, or s. 24, Art.

Opinion No.

Arkansas Attorney General Reports · Feb 16, 2007

. § 25-19-105 (c)(2) establishes that these records would be subject to disclosure to you from your own file even if the other employee might have been able to avoid their disclosure to a member of the public. See Ark. … Att'y Gen. 96-257 and 96-033 (concluding that records must be initially generated and created in the evaluation process to qualify as "employee evaluation or job performance records," and may not become such simply by later

Opinion Number

Louisiana Attorney General Reports · Sep 15, 1994

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. … Northeast Soil Conservation District of La., 72 So.2d 543 (La.App. 2d Cir. 1954), a case dealing with sovereign immunity, the court stated: The State, which is the sovereign power under our theory of government, comprehends

Op. Atty. Gen. 484e-1 (Cr. Ref. 185b-2)

Minnesota Attorney General Reports · Oct 5, 2000

First, requiring majority approval of all voters would be contrary to long established principle. As noted by the Minnesota Supreme Court in Dayton v. City of St. … To take a case out of this general rule requires a clearly manifested intention to apply a different one.

Attorney General Opinion No.

Kansas Attorney General Reports · Aug 31, 1999

officer is proposed by filing a petition with the county election officer of the county in which all or the greater part of the population of the election district of the local officer is located. . . ." 3 K.S.A. 25-4325 establishes … Rather, the opinions attempted to resolve which electors were qualified to sign recall petitions and determine the number of signatures required on the petitions when election district boundaries had been redrawn since the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1989

The very establishment of such a fund in the Texas Constitution impresses upon it the nature of a public purpose. … that state to tender unpaid delinquent taxes on Veterans' Land Fund land in order for the state to clear title thereto): see also Attorney General Opinion M-139 (1967) (distinction between *%ax't and "penalty" well established

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1951

Both an annual county and an annual city tax are au- thorized to be levied to carry out the purposes of Section 6A pro- vided that the tax be submitted to and approved by a majority vote of the qualified taxpaying voters … either the city or the county were discharging this same function alone, their employees engaged in rendering serv- ices in connection with its discharge would clearly

Opinion No.

Arkansas Attorney General Reports · Nov 4, 2008

RESPONSE In my opinion, the answer to your first question is a qualified "yes." … It is well settled that we will not overturn a decision in the trial court to grant a petition to revoke unless it is clearly against the preponderance of the evidence. Cureton v.

Opn. No.

New York Attorney General Reports · Dec 28, 1990

provisions, the PLRRA facilitated the formation and operation of risk retention groups, which sought to assume and spread all or part of the product liability or completed operations liability risk exposure of member groups and qualified … Moreover, the regulation of insurance, although clearly within the ambit of federal power, has traditionally been left to the control of the states.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 7, 1987

In a word it should establish 'good cause' and make out its case. … Clearly, the subjective moral notions of the department itself do not necessarily express or reflect actual public morality.

Opinion No.

Texas Attorney General Reports · Sep 1, 2004

Section 574.031 establishes general guidelines for proceedings for court-ordered mental health services. … be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified.

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2002

RESPONSE In my opinion, the state can clearly impose property tax on government property that has been conveyed to a private party by land patent. … There, as here, the plaintiffs attempted to establish superior title to the property foreclosed upon by their mortgagee, the Peoples Bank.

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2007

3) What steps must a cemetery follow to establish that a cemetery space is abandoned? We herein address each of these important questions. … Additionally, it is further our opinion that de minimus repairs and maintenance do not qualify a cemetery authority to enforce the reclamation rights under La.R.S. 8:903 and 8:903.1 .

(1974)

63 Op. Att'y Gen. 60 · Wisconsin Attorney General Reports · Mar 14, 1974

You note in your letter that sec. 102.12 of the Standard Specifications of the Division of Highways, provides, in part: *Page 61 "Developments subsequent to establishment of bidder's competency and qualifications which, in … It would clearly be inappropriate for a state agency to disqualify a bidder on the ground of being under indictment.