Case law

Opinion Number

Louisiana Attorney General Reports · Oct 20, 2005

The cases noted above clearly provide for a suspension of due process and notice requirements in the event of a natural disaster. … In so holding, we note that the parish or municipality should establish objective eligibility requirements to ensure that the activity truly serves only the needy.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

Clearly, the chapter 145 background-check requirement relates to motor carriers’ services and imposes state obligations and policies on motor carriers. See id.; Mastercraft Interiors, 284 F. Supp. 2d at 286. … Tram World Airlines, Inc., 160 F.3d 1259, 1266 (9th Cir. 1998) (concluding that 49 U.S.C. 5 41713 did not preempt state tort claims for personal injuries because Congress “did not intend to immunize the airlines from liability

Opinion No.

Texas Attorney General Reports · Jul 28, 2005

In context, section 41.0052(a) reveals an intent to establish a broadly applicable deadline for political subdivisions to change their respective election dates, not to override a political subdivision's established process … SUMMARY Section 41.0052 (a) of the Texas Election Code clearly establishes a deadline after which a home-rule municipality may not change the standing date for its general elections.

Opinion No.

Texas Attorney General Reports · Aug 7, 2002

Federal law may not supersede a state's "historic police powers . . . unless" Congress clearly and manifestly intended it to do so. Hyundai Motor Co ., 974 S.W.2d at 5 (citations omitted). … The federal statute's scope does not clearly indicate that Congress intended to occupy the field with respect to determining the kinds of animals that may be slaughtered for human consumption.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

to provide... for water quality enhancement purposes as established by the Legisla- ture...." … We note that Section 11.141 clearly authorizes only the Water Development Board to issue water development bonds. It alone, under Section 11.412, may purchase bonds.

Opinion No.

Texas Attorney General Reports · Mar 25, 2002

The Charitable Raffle Enabling Act permits only qualified organizations to conduct raffles, see id . § 2002.051. … The first transaction is clearly permissible under section 2002.054(c). The second transaction is not addressed by section 2002.054(c).

Maryland Attorney General Opinion 107OAG093

Maryland Attorney General Reports · Apr 13, 2022

See Draft Bill Establishing Baltimore City Tow Board, Bill File on H.B. 1303, 1989 Leg., Reg. Sess. … the vehicle was towed, or if no limit is established, no more than $250 for towing or $30 per day for storage.”

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1950

Article 4478 of VernonPs Civil Statutes provides for the establishing, e.nlargfng,re iping, and malntaln- ing of a county hospital. … Said superintendent shall not be a member of the board, and shall be a qualified practitioner of medicine, or be special- ly trained for work of such character. Hon. W. P.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

Section 1 of Article VII of the Constitution of Texas renders it mandatory that the Legislature "establish and make suitable provision for the support and maintenance of an effi- cient system of public free schools … The line between 'offices' and 'places of trust or profit' within the meaning of such pro- visions has not been clearly marked, and they may be considered as approaching each ,other so closely that they are

Opinion No. (1988)

Missouri Attorney General Reports · Jan 19, 1988

These include preemption by federal law, interference with interstate commerce and federal immunity in certain areas. … There, the Supreme Court clearly stated that it would be impermissible for a state to attempt to regulate the construction or operation of a nuclear power plant, even for nonsafety concerns.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1960

Merger of Tax Liens In order to clearly delineate the problem presented, it Is necessary to briefly revisit the question of merger. … Calvert, page 5 (w-780) consistent decisions, the following propositions may be deemed established: 1.

(2007)

92 Op. Att'y Gen. 12 · Maryland Attorney General Reports · Jun 14, 2007

However, that rule of construction is qualified by the phrase "unless an unwarranted invasion of privacy of a person in interest would result." Id. … In this case, the ordinance in question is virtually identical to a model established in State law and the pertinent State law requires that the ordinance be "similar" to a State statute.

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2006

The court clearly stated its conclusion that denying the privilege of public officeholding was not part of the punishment meted out for the underlying offense of embezzlement. Id. at 794. … In dictum, the court offered the following comment regarding the application of this statute: [W]e note Doe and Roe's argument that the State is clearly in violation of Ark.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 1, 1987

The operating agreement permitted and permits the corporation to adopt an annual budget, establish rules, regulations, rates and charges for the operation of the Coliseum complex. … Noting that a public body may not delegate its powers of control over public affairs, the court nonetheless held that the operating agreement was a lawful delegation of county functions stating: "Clearly, the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

The Charitable Raffle Enabling Act permits only qualified organizations to conduct raffles, see id. 9 2002.05 1. … The first transaction is clearly permissible under section 2002.054(c). The second transaction is not addressed by section 2002.054(c).

Maryland Attorney General Opinion 104OAG062

Maryland Attorney General Reports · Sep 5, 2019

When the statutory language, read in context, “is unambiguous and clearly consistent with the statute’s apparent purpose,” the inquiry “ordinarily” ends. Id. at 275. … Somewhat similarly, the District of Columbia’s sick leave law provides that “[n]othing in this subchapter shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or

Ago

Washington Attorney General Reports · Apr 4, 2005

City councils and county boards of commissioners (or "county councils" in charter counties) are clearly "legislative" for purposes of RCW 42.17.130 (1). Such bodies are often described as "legislative authorities". … Of course, we do not discount the possibility that additional forms of local government could be established in the future that would require us to revisit this question.

Opinion No.

Texas Attorney General Reports · Feb 11, 2003

Clearly, the constitution does not create the Board of Pardons and Paroles; by its terms, the constitution requires the legislature to create the Board of Pardons and Paroles. … Clearly, though the Texas Constitution does not create the board, it does require the legislature to create it. Tex. Const. art. III , § 50a .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

Wade, said: There is no doubt that the State may require abortions to be performed by qualified medical personnel. … S. ) which makes it a misdemeanor punishable by fine to establish or operate a hospital without a license, defining “hospital” in rather broad terms.

Ago

Washington Attorney General Reports · Aug 1, 1996

RCW 43.79 establishes a permanent fund for each institution listed in the Enabling Act with the exception of the permanent common school fund, which is established by RCW 28A.515.300 . … Where a qualifying phrase is separated from its antecedents by a comma, as is the qualifying phrase in § 303, it indicates that the qualifying language applies to all antecedents, not simply to the immediately preceding antecedent