Case law

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.

Opinion No. (2001)

Nebraska Attorney General Reports · Oct 31, 2001

Nebraska Liquor Control Commission , 177 Neb. 686 , 689 , 131 N.W.2d 134 , 137 (1964), the court discussed the nature of this limitation: It is well established that the Legislature while in special session can transact no … LB 7 is not germane to any item in the call under the Arrow Club standard, and the bill is, therefore, clearly outside the scope of the Governor's call. LB 19 LB 19 was introduced on October 26, 2001.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1951

- sde establishments, payrolls .for service es- .tablishments weighted coJlectively by seventy- two (72). … Edgar, page 4 (V-ll95) You ask our opinion as to what was meant by the Leg- islaturq in wkiting this last proviso into the Act Clearly, this ” - proviso must be read with.aUention focused on the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1942

If so, must the corporation have paid a dividend each year during such minimum five year period immediately preced- ing the investment, or is the corporation sufficiently qualified as a … used this language: “The case is controlled, as was held by the court below, by the well established rule of construction that statutes cannot be held to have Honorable 0. P.

Opinion No. (2010)

Nebraska Attorney General Reports · Mar 29, 2010

It is well-established that "[t]he Legislature cannot circumvent an express provision of the Constitution by doing indirectly what it may not do directly." Haman v. … If the state asserts the defense of sovereign immunity to the federal district court suit, the tribe could then petition the Secretary to adopt procedures for Class III gaming. 25 C.F.R. Part 291 .

Opinion No.

Texas Attorney General Reports · Apr 4, 2001

In particular, section 4A of the Act authorizes a qualifying city to create an industrial development corporation governed by that section, see id . § 4A(b)(1), and authorizes the city to levy a sales and use tax for the … See id. at 3 n. 7 ("Clearly, the determination that an expenditure is within the purposes of the act must be supported by the facts."); Tex. Att'y Gen.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 20, 1988

"(d) Notwithstanding subdivision (a), there is authorized the establishment of a California State Lottery. [Added Nov. 6, 1984.] … The game consisted of a regular bingo game, preceded by a small ring toss phase to qualify those who would play the bingo game, and followed by large ring toss to qualify the bingo winner for the prize.

(2001)

86 Op. Att'y Gen. 42 · Maryland Attorney General Reports · Feb 15, 2001

Shipley, 41 Md. 81 (1874), the Court of Appeals characterized the ejectment action established in Chapter 346, Laws of Maryland 1872, later codified as Annotated Code of Maryland (1957), Article 75, § 27 , as a substantial … Thompson, 451 F.2d 202 (2d Cir. 1971) (New York summary ejectment scheme held to be clearly constitutional where it permitted service on a tenant-defendant by the posting of a copy of the summons and complaint on a conspicuous

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 26, 1992

Instead, as established by the criminal charge in question, the Board member here submitted a false claim "with intent to defraud." … Because the victim of this crime of moral turpitude is the public, the very party whom the public officer was elected to represent, a violation of duties owed to the public is clearly involved.

Opinion No. Oag 43-86, (1986)

75 Op. Att'y Gen. 220 · Wisconsin Attorney General Reports · Nov 7, 1986

This line of tax cases establishes a tradition of tribal immunity from state taxation, which may be overcome only "where Congress has expressly provided that state laws shall apply." … These annual disbursements from the fund include an amount equal to $100,000 to "any *Page 229 Native American community that has tribal lands within a municipality qualified to receive a payment" from the impact fund.

Opinion Number

Louisiana Attorney General Reports · Nov 30, 2009

First, it clearly exempts from the regulatory authority of the Division, and the purview of the Unmarked Burials Act, any "cemetery authorized by the" LCB. … A cemetery in which the caretakers have given up on keeping it in good condition would be one factor in determining whether a cemetery qualifies as an abandoned cemetery.

Opinion No.

Texas Attorney General Reports · Mar 3, 2004

To qualify for license renewal, a licensee annually must complete at least twenty hours of accredited continuing professional education. See 22 Tex. Admin. Code § 523.63 (2003); see also Tex. Occ. … In our opinion, if the legislature wished to automatically revoke an accountant's certificate for nonrenewal of the license after two years and to require a reexamination, the statutory language would more clearly reflect

Maryland Attorney General Opinion 98 OAG 136

Maryland Attorney General Reports · Nov 21, 2013

The Attorney General’s opinion nevertheless prompted the NFPA to delete the ownership filling requirement from the 1992 version of its model code and replace it with a provision allowing LPG tanks to be filled by “qualified … Rather, we think that the one interpretive rule that clearly applies here—the rule of lenity—weighs against a broad construction of “take” or “dispose of.”

Opinion No.

Texas Attorney General Reports · Nov 10, 1988

The Medicaid program is established under title XIX of the Social Security Act. 42 U.S.C. § 1396 . … Article 601b, V.T.C.S., establishes the State Purchasing and General Services Commission.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1965

The State of maa and its agencies are immune from tort llablllty in the absence of a preexisting statute authorizing same. Brooks v. … No. 163 is clear In ” . . . authorle- lng the State Department OS Pub110 UelSare to acoept and axpend any Federal money8 allocated to the eaid Depa&sent iOr any projects or pro@una established to carry

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1949

McFarland has duly qualified as Independent Executrix, and at the time the instrument was admitted te probate reaffirmed the agreement contained in the will to accept under it and in all things to abide … authorities have correctly stated the purpose and scope of the type of exemptive provision which is found in our statute, Viewing the bequest in the light of these statements it is clearly

Untitled California Attorney General Opinion

California Attorney General Reports · May 21, 1993

Article 2, section 11 reserves similar powers to the local electorate under procedures established by the Legislature. … First, as already noted, the broad language in Geiger on which the Court of Appeal relied was clearly dictum, because in Geiger there was no statutory provision that purported to authorize the use of the referendum against

Opinion No.

Texas Attorney General Reports · Jul 14, 1999

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 consumer credit card accounts would still apply. … Although the consumer is not entitled to more than a three-day cancellation period, clearly a seller may choose to provide more.

Opinion No.

Texas Attorney General Reports · Jun 5, 2008

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. … 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

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1963

institution located in Texas through the use of the mails, by.long distknce call@, and ia tmme instances, by,conferances in New York, Under the terms of the retirement reeolution, the plan is established … The interest of the 8,tate and its right to protek+ that interelrt .is clearly recogniMd in the 08born caee. IIJa related problem0 the TexawSupreme .Cowt in State v.’