Case law

Opinion No.

Texas Attorney General Reports · Jul 26, 2007

. § 26.001(c) (requiring the governing body or officer to consider "clearly enunciated local preferences"); id. § 26.002 (articulating notice requirements). 4 II. … 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. 5 You ask whether, if the City's

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 17, 1993

expansive interpretation of section 2494. 3 Also applicable here is "the settled rule that `legislative enactments should not be construed to overthrow long-standing principles of law unless such an intention is clearly … In accordance with established principles of statutory construction, section 2494 may not be interpreted in a fashion that would render it unconstitutional.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Wayne Thorbum - Page 4 W-0078) Because section 37.02(b)(3) exempts qualifying calls only from the requirements of section 37.02(a), however, the section 37.03 restrictions on charges to … Although the consumer is not entitled to more than a three-day cancellation period, clearly a seller may choose to provide more.

Opinion No. Oag 3-90, (1990)

79 Op. Att'y Gen. 14 · Wisconsin Attorney General Reports · Feb 5, 1990

Within one year after the adoption of our constitution, the Wisconsin Legislature, in 1849, enacted laws that clearly acknowledged various forms of gambling, separate and distinct from lotteries and each other. … Any land held in trust for an Indian tribe may qualify as a "reservation." See 71 Op. Att'y Gen. 82 (1982). *Page 33

Opinion No. (2000)

Nebraska Attorney General Reports · Jun 7, 2000

The Act's provisions don't clearly cause an impairment of contracts, and would likely survive such a challenge. III. … The Act's stated purpose is to establish a system for fair resolution of lease disputes between parties, and to guard against unreasonable lease renewal terms and unjust lease terminations.

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 3, 1998

authority to "formulate policies for the investment" of Freeway Fund moneys and the authority to review and change such policies. 7 Likewise, the PMIB was given discretion to contract with financial advisors, 8 negotiate with qualified … of statutes for which it is responsible. 60 This office has stated, in reviewing the State Freeway Fund, an administrative interpretation is entitled to great weight in determining the meaning of a statute unless it is clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

The Medicaid program is established under title XIX of the Social Security Act. 42 U.S.C. § 1396. … A federal regulation implementing this requirement provides as follows: In order for an agency to qualify as the Medicaid agency-- . . . .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

It establishes that article 14.09(B) is preempted only in the context of elections for federal office. … Clearly, the foregoing 1972 and 1978 discussions of "lowest unit charge" are FCC "constructions" of section 315(b).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1962

The disqualification of OASI beneficiaries contained in Section 5(e)(3) of the Texas Unemployment Compensation Act is in the nature of a condition precedent, One does not qualify to receive unemployment benefits for a given … Both by definition and usage, "receiving" clearly refers to the current receipt of the thing in question,,the continuing process of delivery which follows the initial pay- ment or transfer.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2008

LO-98-082, at 3 ("The method used to calculate the fair market value of a particular property and the factors that must be considered in arriving at the fair market value of a particular piece of property are for a qualified … In short, the Petula court held that, under Texas law, fair market value includes the value of a lease unless the governing contract clearly provides otherwise.

Opinion No.

Texas Attorney General Reports · Mar 23, 2004

You ask whether the common-law doctrine of incompatibility prohibits a member of the city council that establishes a reinvestment zone from being appointed by the council to the board of directors of the reinvestment zone … Under this formulation, members of a city council, because they are elected, are clearly "officers."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1949

Clearly H. … It should be rewritten so as to state clearly and specifically what it is intended,to cover.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

Howard: you inform us that Orange County intends to establish a solid waste disposal system in which solid waste would be burned and the energy produced would be sold. … The act clearly permits any contract that provides for the supply of solid waste to contain a clause specifying that the supplier of solid waste supply a minimum amount.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 24, 1987

Stockton Theatres, Inc. (1948) 32 Cal. 2d 53, 58-59 as follows: "It is a well established principle of statutory law that, where a statute adopts by specific reference the provisions of another statute … the form in which they exist at the time of the reference and not as subsequently modified, and that the repeal of the provisions referred to does not affect the adopting statute, in the absence of a clearly

Ago

Florida Attorney General Reports · Dec 3, 1986

entitled to receive the same in his official capacity; s. 213.072, F.S. 1979, which excepted statistics and information for purposes of exchange with the federal government, and also provided for disclosure to "properly qualified … Section 213.053 , F.S., clearly and specifically enumerates to individuals or governmental entities which may receive information from the intangible property tax returns filed with the department.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1994

An entity which supervises but does not ultimately control public business or policy still qualifies as a “govemmentai body.” Attorney Ciened Opinion H-438 (1974). … Subsection (c)(3) provides that the plan of operation must *establish regular places and times for meetings, including telephone wnkrence calls, of the board of directors.”

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1996

to adopt rules and regulations for the operation of section 54.503(b) of the Education Code.r” Furthermore, according to the opinion, a court will not interfere with the board’s rules and regulations unless a challenger clearly … The legislature has provided for certain individuals a specific right to resident tuition, although the individual otherwise would not qualify for the lower resident rates.

Opinion Number

Louisiana Attorney General Reports · Aug 4, 2006

There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B). … To further qualify an expenditure of public funds as non-gratuitous, the Attorney General has applied the "legal obligation or duty" standard as only a threshold requirement.

Opinion Number

Louisiana Attorney General Reports · Mar 31, 2008

For example, Section 2(a) of the Charter states "[t]he mayor and the chief of police (marshal) shall be elected at large by qualified voters throughout the City of Plaquemine." … The parenthetical reference to the position of marshal clearly indicates that the former position of marshal is incorporated in the position of chief of police.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 6, 1988

For airports and commissions established prior to January 1, 1971, the time period began on January 1, 1971. … the governing body of the local agency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the airport shall be immune