Case law

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, 2000

Chapter 375 of the Local Government Code establishes municipal management districts. … Clearly, these two provisions use the words “tourist” and “visitor” in the same way.

(2001)

86 Op. Att'y Gen. 157 · Maryland Attorney General Reports · Jul 2, 2001

These various references to "the supervising physician" clearly apply to the physician who enters into a delegation agreement with the physician assistant. … Midcal Aluminum, Inc., 445 U.S. 97 (1980) (to be immune from attack under the antitrust laws a restraint of trade must be "clearly articulated and affirmatively expressed as state policy" and must be "actively supervised"

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).

Opinion No. (2007)

California Attorney General Reports · Jul 18, 2007

Among those provisions, the most critical statute requiring our interpretation is section 53201, which provides: (a) The legislative body of a local agency, subject to conditions as may be established by it, may provide for … The term "retired members" refers exclusively to persons "who have qualified for a pension as a result of service to the [local agency]." ( Id. at p. 634; see also 81 Ops.Cal.Atty.Gen., supra, at pp. 219-220 .) 4 The Legislature

Untitled California Attorney General Opinion

California Attorney General Reports · May 2, 1995

Though we were unable to find a case directly so holding, it would seem to follow that Oakland may establish whatever public offices it desires, and establish the qualifications for such offices (see Stahn v … "Clearly, then, there is no requirement imposed by the City of Oakland that the Director of City Planning be a registered civil or professional engineer. . . .

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 20, 1988

87-1001 was originally established for such programs." (§ 62003.) … All that we conclude is that competence may be established by other criteria.

Opinion No. 13-82 (1982)

Missouri Attorney General Reports · Sep 29, 1982

Article IV , Section 37 , Missouri Constitution provides: The health and general welfare of the people are matters of primary public concern; and to secure them there shall be established a department of social services in … Therefore, the legislature has clearly indicated an intent that local governments may regulate the operation of a landfill to at least the same extent as such operation may be regulated by the Department of Natural Resources

Opinion No. Oag 44-87, (1987)

76 Op. Att'y Gen. 184 · Wisconsin Attorney General Reports · Aug 24, 1987

Section 92.105 requires the land conservation committee to establish soil and water conservation standards. … I realize these conclusions may work a harsh result and might actually discourage well-qualified and well-intentioned individuals from participating on the land conservation committees.

Opinion No.

Texas Attorney General Reports · Jul 12, 2004

The Transportation Commission (the "Commission") may establish vehicle storage facility licensing requirements "to ensure that the facility maintains adequate standards for the care of stored vehicles." … By not qualifying the nonconsent tows that are subject to section 643.206, that section clearly applies to nonconsent tows made at the direction of a peace officer.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2007

Id. 5 26.001(b); see also id. 5 26.001(c) (requiring the governing body or officer to consider "clearly enunciated local preferences"); id. 5 26.002 (articulating notice requirement^).^ 11. … We do not consider in this opinion whether section 306.038(b) could be read to authorize a park board established under chapter 306 to lease property for the construction of a school building.

Opinion No. Oag 40-80, (1980)

69 Op. Att'y Gen. 146 · Wisconsin Attorney General Reports · Jun 24, 1980

Thus, the validity of the variances granted does not necessarily depend on their number but rather upon whether, upon a full review of the facts, the grounds cited to justify such variances fall within the standards established … In my opinion the answer is a qualified no. In the absence of more specific and complete details, it is only possible to provide a general response to this question.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

It is also well established that confidential communi- cations between an attorney and his client are privileged in civil cases, though there is no statute expressly so providing. … Therefore, your first question, as qualified in the preceding paragraph, is answered in the affirmative.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 18, 1991

Their duties are prescribed by statute and include many duties which are for the public benefit and clearly constitute an exercise of the sovereign power of the state. … As stated in the Bunker Hill case: "The de facto doctrine in sustaining official acts is well established.

Opinion No.

Texas Attorney General Reports · Nov 7, 1997

An election to which section 7 clearly refers was held in the City of Houston and Harris County on November 5, 1996. … personal property taxes are spent to acquire, construct, or equip these facilities. 5 The statute under which the referendum election was held, Local Gov't Code § 332.003 , authorizes a county to "submit in an election of its qualified

(1971)

60 Op. Att'y Gen. 470 · Wisconsin Attorney General Reports · Dec 31, 1971

It is my opinion that, where no fee is established by law, the custodian can ascertain and charge actual or a reasonably estimated cost of reproduction. 59 OAG 145, 147, 148 (1970). … In such case the privilege or immunity would extend to the agency as well as the complainant. Certain of the files may relate to the exercise of the limited legislative power you possess.

(2006)

91 Op. Att'y Gen. 152 · Maryland Attorney General Reports · Jul 11, 2006

As outlined above, the original version of 1982 bill clearly contemplated a one-time regulatory fee, offsetting the cost of reviewing a stormwater management plan. House Bill 1091 (1982) (first reader version). … See, e.g., Brisman, Considerations in Establishing a Stormwater Utility, 26 S. Ill. U.L.J. 505 (2002). Of course, this approach would almost certainly be considered a tax rather than a regulatory fee. *Page 164

Opinion No.

Arkansas Attorney General Reports · Jan 6, 2009

However, my predecessor in Opinion 2005-103 qualified the passage recited above as follows: The question may also arise whether funds for the first fiscal year of the contemplated contract are available at the time of contracting … As noted above, the burden lies upon the challenger to establish that a particular contract fails the balancing test between available revenues and contractual obligations discussed above.

Ago

Florida Attorney General Reports · Feb 16, 2010

records pertaining to allegations of misconduct by a university athletic department and only tangentially relating to the students involved did not contain information directly relating to students such that they would qualify … The committee involved in Attorney General Opinion 95-65 was established to provide for uniform case review and approval of treatment for emotionally disturbed children and adolescents.

No.

Colorado Attorney General Reports · Sep 10, 1985

The Court went so far as to say, "A demonstrably arid State conceivably might be able to marshal evidence to establish a close means — end relationship between even a total ban on the exportation of water and a purpose to … The court held that, by approving the compact, Congress has converted it into federal law and, thereby, immunized it from Commerce Clause attack. Intake Water Company v.