Case law

Opinion No.

Arkansas Attorney General Reports · Mar 10, 2006

Fla. 1996) (law establishes no clear First Amendment right to access search warrant affidavits, but common law right is well established and can be overcome by compelling interests in closure narrowly tailored to serve those … safety," and requiring judge to document his determination for appellate review). 14 Many of the cases found the test for sealing the records met under the circumstances before them, but the courts have not always agreed or clearly

Opinion No.

Texas Attorney General Reports · Feb 4, 2004

Section 11.002 defines "qualified voter": In this code, "qualified voter" means a person who: (1) is 18 years of age or older; (2) is a United States citizen; (3) has not been determined mentally incompetent by a final judgment … Both bodily presence and current intention on the part of the applicant or voter are necessary to establish residence.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2008

However, the deference generally paid to regulations notwithstanding, it is well-established under the doctrine of "separation of powers" (Ark. … Although the regulations clearly provide for such authority, the language of the Act does not seem to contemplate such practices.

Opinion No. (2010)

California Attorney General Reports · Feb 18, 2010

In the absence of an express declaration of legislative intent to repeal a statute, a court will find a repeal only when there is no rational basis for harmonizing the two statutes, and the statutes are "irreconcilable, clearly … of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify

Opinion No.

Texas Attorney General Reports · Aug 17, 1990

If the majority of the qualified voters voting approve the proposition, the district is created as a political subdivision of the state with authority to provide fire protection facilities to prevent and extinguish fires … Clearly, such determinations are, at least in the first instance, within the reasonable discretion of the commissioners court. See, e.g., Snellen v. Brazoria County, 224 S.W.2d 305 (Tex.Civ.App.

Opinion No.

Arkansas Attorney General Reports · May 12, 2009

Legislative clarification regarding the nature and the terms of a county's possession of these funds is clearly warranted. … This premise is qualified only by the condition that the assets — which, in the case of the Arkansas Act, will invariably comprise money, possibly including any or all interest earned thereupon — must be returned to a valid

Ago

Washington Attorney General Reports · Nov 25, 2002

of the PUD when it was originally established. … In RCW 54.12.010 , the Legislature has clearly expressed its intent to grant PUD commissioners the authority to change PUD commissioner district boundaries.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

, the 8ame method of establishment of these faots as i8 required before  624 Eon. … Clearly, the change in the oorporation upon an aooeptenoe of the addftlonal powers granted to such oor- poretlon under end by virtue o? Senate Bill 268, is material, vital, end rundemental.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1941

, on the one side of which should stand moral wrong with legal liability, and upon the other moral wrong with legal immunity. … The distinctive portFon,,ofthe name of Safeway Stores, Inc. of Texas 1s clearly "Safewag .

Opinion No.

Texas Attorney General Reports · Dec 31, 1984

Virginia, 388 U.S. 1 (1967) (race), the statute is subject to strict judicial scrutiny which requires the state to establish a compelling interest justifying its enactment. … Clearly, the constitutional and statutory provisions involved in this request fall within the first grouping, i.e. statutes which deny to aliens public benefits available to citizens.

Opinion Number

Louisiana Attorney General Reports · May 11, 2001

Therefore, this office is of the opinion that based upon Taylor and not any particular provision of Louisiana law, the answer to your second question is a qualified yes. … While articles of the Criminal Code pertaining to the arrest of individuals by peace officers may not be legally binding upon bondsman, there is no doubt they do establish a reasonable standard by which one's actions could

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

The implication of the Williams case is that, if a city within a justice precinct clearly contains a population of more than 8,000 (now 18,000) it would be an abuse of discretion for the commissioners court to find otherwise … Castleman case for the proposition that the commissioners court has discretion in establishing justice of the peace precincts and their lines.

Opinion No.

Texas Attorney General Reports · Mar 9, 1995

Lignoul relies clearly points out the difference between the Uniform Commercial Code's narrow definition of a check and the expansive definition of a branch bank in section 36(f) of the National Bank Act. … There are similar provisions establishing the authority of the board of regents of Texas AM University, see id. § 85.21, Stephen F.

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 19, 2023

The California Legislature did not clearly intend SB 1439 to operate retroactively. … All of these factors support our view that the Legislature did not clearly intend SB 1439 to operate retroactively.

Opinion No.

Texas Attorney General Reports · Oct 5, 1987

A home rule city may exercise, within its jurisdiction, any power the legislature may exercise, subject only to limits established in the Texas Constitution and statutes and in the city's charter. 1 Because a home rule city's … Courts ordinarily find "clearly implied" limits when municipalities attempt to regulate in a field regulated by state statutes. See Attorney General Opinion JM-619 (1987) (and cases discussed therein).

Ago

Florida Attorney General Reports · Sep 27, 1983

It is well established that when the Constitution prescribes the manner of doing something, it impliedly forbids its being done in a substantially different manner. … Clearly, the proposal presented to the electorate for approval should be specific enough to notify the elector what he is voting on. Cf ., 29 C.J.S.

Ago

Washington Attorney General Reports · May 30, 2006

Entitlements by their nature are equally available to anyone who qualifies under objective criteria. City of Seattle v. … They are equally available to those who qualify under either the "special needs" language or the statutory income criteria.

107oag003

Maryland Attorney General Reports · Jan 20, 2022

(observing that H.B 158, enacted the prior year, was “clearly intended to direct [the Universities] to do the same things” that S.B. 342 does). … Buckingham, 472 Md. 407, 425-26 (2021) (“[A] qualifying clause ordinarily is confined to the immediately preceding words or phrase—particularly in the absence of a comma before the qualifying phrase.”).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2003

The fee, and the administration of the fee, must go hand in hand in order for the fee to qualify as a tax.“). … Section 72.101 (a) of the Property Code does not establish when the dormancy period begins for unauthorized pretrial diversion agreement fees. It merely establishes the general parameters of the presumption.

Opinion No.

Texas Attorney General Reports · Jan 10, 2003

See id . § 12.053(b)(2) (Vernon 1998) ("A person is not eligible for appointment . . . if the person . . . is not qualified to serve under Section 12.151, 12.152, or 12.153."). … Because the legislature amended section 1.023(c), the legislature clearly did not intend the addition of section 1.023(e) and (f) to repeal section 1.023(c).