Case law

Ago

Florida Attorney General Reports · May 22, 1980

In ruling that the unqualified term `taxation' used in 12 U.S.C. § 931 clearly encompassed within its scope a sales tax such as the one before the court, the court stated as follows: . . . … As federal land banks and federal land bank associations are granted the same tax immunity under 12 U.S.C. § 2055 and its predecessor, 12 U.S.C. § 931 , the court's construction of the tax immunity of federal land banks in

(2006)

91 Op. Att'y Gen. 164 · Maryland Attorney General Reports · Sep 1, 2006

While traditional public schools are immune from local zoning, they are not free of regulation. … Thus, a local government with zoning authority may require that the owner of the property obtain a special exception or qualify as a conditional use in certain zoning districts. 11 In summary, a local government may regulate

Opinion Number

Louisiana Attorney General Reports · Nov 7, 2005

Investigators of the district attorneys' offices are peace officers, as follows: The investigators of the district attorneys' offices shall be peace officers with all privileges, immunities, and defenses accorded to peace … 2): (2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established

Opinion No. Oag 45-87, (1987)

76 Op. Att'y Gen. 189 · Wisconsin Attorney General Reports · Aug 24, 1987

Clearly, a tribal government is not a municipality as that term is defined in these statutory provisions. … Clearly, the tribe's sovereign immunity will affect in some circumstances the enforceability of an agreement between METRO and the tribe.

Opinion No.

Arkansas Attorney General Reports · Dec 17, 2007

Rather it establishes the framework of government with such specific restraints as are thought to be of eternal value and hence worthy of immunity from passing differences of opinion. … In my opinion, precluding only constitutional officers from engaging in such dual employment would clearly pass a rational-basis analysis.

Opinion Number

Louisiana Attorney General Reports · Mar 21, 1995

The intentional conducting or assisting in the conducting of gaming operations at the official gaming establishment as defined and authorized in Chapter 10 of Title 4 of the Louisiana Revised Statutes of 1950 shall not constitute … R.S. 33:4861.4 , there are a number of games permitted under the Charitable Raffles, Bingo and Keno Licensing Law that may legally be conducted by a licensed, qualified organization. La.

(2004)

89 Op. Att'y Gen. 53 · Maryland Attorney General Reports · Mar 18, 2004

While the Fire Department is not subject to the licensing requirements for ambulance services, 7 it is clearly "otherwise authorized" to provide those services. … This general rule of construction, which is derived from the doctrine of sovereign immunity, does not apply when the statute manifests a legislative intention to cover governmental entities, or there is no impairment of sovereign

Opinion No.

Arkansas Attorney General Reports · Jun 9, 2005

My predecessor therefore concluded that: "[t]his statute clearly authorizes those charged with the duty to investigate reports of suspected child abuse to have access to students upon school property for purposes of conducting … Sincerely, MIKE BEEBE Attorney General MB: ECW/cyh 1 The requester inquired about parental rights under 20 U.S.C. § 1232g , the "Family Educational Rights and Privacy Act." 2 For a more recent case involving qualified immunity

Ago

Florida Attorney General Reports · Apr 8, 1987

The Court, noting that "[t]he State's immunity from taxation is so well established in Florida's jurisprudence that little elaboration is needed here," concluded that "the State of Florida, and the other appellants here, … in the absence of an express legislative waiver of such immunity.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 19, 2023

United States (1997) 521 U.S. 898, 935); see also Qualified Patients Assn. v. … The dissent reasoned that the majority’s view “leads to absurd results” because officers would not receive immunity in cases where section 885(d) was clearly intended to apply—such as “when a law enforcement officer provides

Opinion No. (2001)

Nebraska Attorney General Reports · Nov 27, 2001

Nebraska State Board of Agriculture , 132 Neb. 244 , 271 N.W. 684 (1937), the court held that the Board was "essentially a private corporation" which was not immune from suit under the doctrine of sovereign immunity. … Moreover, the Nebraska Supreme Court has clearly indicated that the Board is a private corporation.

Opinion No. (2010)

California Attorney General Reports · Jul 19, 2010

Business and Professions Code section 16102 exempts qualified veterans from any fees or taxes that must ordinarily be paid to obtain business licenses to engage in those enumerated activities. section 16102 does not establish … listed, and to ensure that such licenses be provided to qualified veterans without cost. section 16102 does not establish a general exemption from taxes, and it has no effect upon taxes levied pursuant to the state Sales

(1972)

61 Op. Att'y Gen. 283 · Wisconsin Attorney General Reports · Jun 16, 1972

This bill would have clearly prohibited individuals affiliated with the Communist Party of the United States from participating as candidates in any election. … that no `right, privilege or immunity' of the Communist Party as such is involved in this lawsuit. . . ."

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2003

If, in effect, the act establishes such a presumption, I believe this must be clearly conveyed to the voter. … The amount is established under this section as "six marijuana plants and one ounce of usable marijuana for each qualifying patient."

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2003

That act provided that the motor vehicle fuel tax in border cities would be the same rate as in the adjoining state, not to exceed a rate established in the act. … Other border cities (such as West Memphis) did not qualify for the benefit, because they were not divided from the adjoining state by a street state line.

Opinion Number

Louisiana Attorney General Reports · Aug 25, 1998

However, federal jurisprudence does provide immunity to an officer who, in good faith, believes that his actions are within the scope of his duties. … LSA-R.S. 33:2740.35 establishes the Lakeview Crime Prevention District and designates it as a political subdivision of the state.

Opinion No.

Arkansas Attorney General Reports · Jun 19, 1997

Code Ann. 6-17-1113 to authorize and direct ADE to establish a self-insurance fund or procure insurance policies to insure school district employees against acts or omissions from which they have not traditionally been immune … This coverage clearly is not equivalent to motor vehicle insurance coverage in the traditional sense. Rather, it is limited to coverage for the purpose set forth in A.C.A. § 6-17-1113 and described by the court.

Opinion Number

Louisiana Attorney General Reports · Dec 13, 1996

, operate and support a public library in such parish or municipality and shall create, establish, equip, maintain, operate and support such a public library when not less than twenty-five percent of the duly qualified property … Home rule abilities and immunities are bestowed by the constitution in terms too full and general to warrant narrow construction of them by the courts.

Ago

Florida Attorney General Reports · Jun 4, 1976

Specifically, the measure must qualify as exempting property predominantly used for a "charitable purpose" within the meaning of the Constitution. Here conflicting principles operate. … Said provision requires that all property be assessed at just value unless immune or exempted by law from taxation.

Opinion No.

Arkansas Attorney General Reports · Apr 9, 1992

Clearly, the Department, as a party, would have standing to enforce the contract. … It must be to enforce the performance of a legal right after it has been established, and not to establish a right. Wells v. Purcell, 267 Ark. 456 , 592 S.W.2d 100 (1979).