Case law

Opinion No. (2006)

California Attorney General Reports · Sep 20, 2006

In addressing the question presented, we apply well established principles of statutory construction. "When interpreting a statute our primary task is to determine the Legislature's intent. … This subdivision thus incorporates other prohibitions established by law. (See CBS, Inc. v. Block, supra, 42 Cal.3d at p. 656 ; City of Hemet v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1945

Justice Phillips, clearly expressed the true rule, and the reason therfor, in the following language: " I... … To the enforcement of the Act, therefore, it does not appear important whether any rules established are made the basis for revocation of permits.

Opinion No. (1983)

Missouri Attorney General Reports · Jan 31, 1983

Third, ambient air concentration limitations are established for inhabited places. … The name and address of the applicant or permittee clearly does not fall within the category of items subject to protection.

Opinion No.

Texas Attorney General Reports · Mar 22, 1983

The state's ostensible assumption of power over the Indians' property was clearly in violation of article I , section 19 of the Texas Constitution, which specifies, that no citizen of this state shall be deprived of `life … , liberty, property, privileges or immunities, or in any manner disfranchised' except by due course of the law of the land.

Opinion No.

Texas Attorney General Reports · Apr 9, 2008

"[A] law will not be declared unconstitutional unless it is clearly so." City of Dallas v. Tex. Prudential Ins. … attached to House Bill 3699, which enacted Natural Resources Code section 51.413 (1), stated that without a related constitutional amendment, a distribution made to the ASF from the real estate special fund does not appear to qualify

Budgetary AdministrationBoard of Public Works – Administrative Law – Reduction of Appropriations – Whether the Board of Public Works May Reconsider its Prior Approval of Budget Reductions Proposed by the Governor Under Section 7-213 of the State Finance & Procurement Article – Whether the Board May Impose Certain Conditions on Approval of Such Reductions.

Maryland Attorney General Reports · Apr 26, 2021

Pursuant to that provision, the General Assembly has established a statutory scheme for the administration of the budget. … Based on those principles, we can say with confidence that certain conditions would clearly be beyond the Board’s authority to impose.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1998

Moore informs us that Johnson County has a population of less than 110,000 and that it has not exercised the option to establish a bail bond board. … Clearly, neither the trial condone the consideration of other bonds in determining a surety’s worth.

Budgetary AdministrationBoard of Public Works – Administrative Law – Reduction of Appropriations –Whether the Board of Public Works May Reconsider its Prior Approval of Budget Reductions Proposed by the Governor Under Section 7-213 of the State Finance & Procurement Article –Whether the Board May Impose Certain Conditions on Approval of Such Reductions.

Maryland Attorney General Reports · Mar 23, 2021

Pursuant to that provision, the General Assembly has established a statutory scheme for the administration of the budget. … Based on those principles, we can say with confidence that certain conditions would clearly be beyond the Board’s authority to impose.

Opinion No.

Texas Attorney General Reports · Feb 24, 2004

of the qualified voters of the municipality or county voting at an election called . . . for that purpose." … Clearly, subsections (4)(A), (4)(C), and (4)(F) do not apply.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1993

Gsrison - Page 2 (DM-259) Honorable Mike Driscoll (5) determination that the owner’s land does not qualify for appraisal as provided by Subchapter C, D, or E. … Clearly,ifthe legislatun wantedto write section 6.412(a) to apply to a situation in which the appraisalreview boardmemberwas personallyim~lvcd as well as a situation in which the memberwas mlatedto an individualrqescn~

Maryland Attorney General Opinion 108OAG81

Maryland Attorney General Reports · Sep 15, 2023

Answering the first question is straightforward: if enacted by the County Council, the STEP Act would clearly be a “local law” or “ordinance” within the meaning of TR § 25-101.1. … regulation,” and there is at least a question as to whether an executive branch agency’s internal policy, which is subject to change at any time and merely communicates how the agency plans to exercise its discretion, would qualify

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2008

"[A] law will not be declared unconstitutional unless it is clearly so." City ofDallas Vo Tex. Prudential Ins. Co., 291 S.W.2d 693,696 (Tex. 1956); see also Ex parte Granviel, 561 S.W.2d 503, 511 (Tex. Crim. App. 1978). … attached to House Bill 3699, which enacted Natural Resources Code section 51.413(1), stated that without a related constitutional amendment, a distribution made to the ASF from the real estate special fund does not appear to qualify

EnvironmentLand Use & Planning – Growth Tiers – Whether a Local Jurisdiction is Prohibited From Authorizing Major Subdivisions Served by Septic Systems if The Jurisdiction's Growth Tiers Do Not Comply With the Statutory Criteria – Whether the State Must Enforce Violations of the Statute

Maryland Attorney General Reports · Mar 7, 2019

However, Maryland had never established an overall mechanism for managing discharges from the septics sector. 3. … Laws, ch. 149, Preamble (explaining that the Legislature intended to use “established planning processes” to achieve the Act’s purposes).

Opinion No. (2005)

Nebraska Attorney General Reports · Apr 12, 2005

Denmark Township, 483 N.W.2d 508 (Minn.App. 1992) (holding that for purposes of statutory "four-fifths of membership" vote requirement, "members" means only those qualified to vote). … Rather, § 2-1519 clearly provides that the vote of a majority of all the supervisors is required in order to constitute legal action by the board.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

of the qualified voters of the municipality or county voting at an election called . . . for that purpose.” … Clearly, subsections (4)(A), W(C)9 and (4)(F) clo not apply.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 26, 1990

Pallan was not qualified to serve as Commissioner because he did not reside within the territorial jurisdiction of the District as required by section 45244 of the Education Code. … If he was not a resident of the District at that time, then the question of his continuing residency thereafter would then of course be moot and need not be answered: Since section 45244 clearly requires Mr.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2003

Moreover, in providing that Government Code, chapter 54, subchapter A sections relating to the “qualifications, powers, and immunity of a master” applied to child support masters, see id. … Your question assumes that the district court establishes and pays the associate judge’s salary.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2006

The TBAE, on the other hand, contends that the phrase “of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature” qualifies all of the terms preceding it. … The opinion clearly established that section 16 of the former statute did not prevent an engineer from preparing plans and specifications for a building when it constitutes the practice of engineering.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Simnons, was distinguished in that the imposition of a five-year statute of limitations on what was previously regarded as a perpetual right of redemption was "quite clearly necessary" to achieve the state's "vital interest … App. - Houston 114th Dist.] 1975, no writ) (substantive rights and duties of parties to contract are established by law at time of contracting; subsequent law which channes such rinhts and duties violates article I, section

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

The State Highway Department is created by statute for the purpose of establishing, constructing, and maintaining a system of highways in this State. … It was definitely not intended by the Legislature, it seems to us, that the administration of such affairs of government should be taken cut of the hands of those qualified and designated by the general