Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Isaacks: You ask several questions about a juvenile justice alternative education program (“JJAEP”) established in your county under section 37.011 of the Education Code.’ See TEX. EDUC. … If the board and the district cannot agree on the offenses that qualify for placement in the JJAEP, the parties may arbitrate the dispute in accordance with section 37.01 l(p). See id. 4 37.01 l(p).

Opinion No.

Arkansas Attorney General Reports · Jun 9, 2008

I also note with regard to this 2004 opinion, however, that my predecessor qualified the sanctioning of such an agreement by observing that Arkansas law did not specifically authorize Texas law enforcement officers to make … If an Arkansas municipality so authorizes an officer, the officer has "the same powers, duties, and immunities as a certified law enforcement officer of Arkansas who is acting in the discharge of an official duty."

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Florida Attorney General Reports · Apr 6, 1983

from taxation unless in intention to include it is clearly manifested.' … City of Tallahassee, 325 So.2d 1 , 3 (Fla. 1975) the Florida Supreme Court stated that `[t]he State's immunity from taxation is so well established in Florida's jurisprudence that little elaboration is needed here.'

Opinion

Louisiana Attorney General Reports · Jul 18, 2011

It is well-established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. 2 *Page 2 Louisiana's … If those four requirements are met, then the nonprofit corporation must also clearly, unequivocally, and affirmatively establish that the property was not owned, operated, leased, or used for a commercial purpose unrelated

Maryland Attorney General Opinion 100OAG160

Maryland Attorney General Reports · Dec 28, 2015

Despite these difficulties, the Supreme Court in Glucksberg established at least a general framework for identifying fundamental rights. … if they act in accordance with State-established criteria that are voluntary.

Opinion No.

Texas Attorney General Reports · Feb 8, 2002

, and the juvenile board's or county's professional employees and volunteers are immune from liability to the same extent as a school district's professional employees and volunteers. … If the board and the district cannot agree on the offenses that qualify for placement in the JJAEP, the parties may arbitrate the dispute in accordance with section 37.011(p). See id . § 37.011(p).

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Florida Attorney General Reports · Jun 20, 1990

Is the real property of the State of Florida immune or exempt from the imposition of stormwater utility fees by the City of Orlando pursuant to s. 403.0893 , F.S.? 5. … However, the language in subsection (1), which authorizes the imposition of stormwater utility fees, does not as clearly specify the nature of the fees imposed therein.

Opinion No.

Arkansas Attorney General Reports · Sep 22, 2010

This may be a closer question, given that board members are elected by community college "districts" established pursuant to Ark. … College ., 76 F.3d 1437 (8th Cir. 1996) (finding community college to be an arm of the state entitled to Eleventh Amendment immunity); Ark. Op. Att'y Gen.

Opinion Number

Louisiana Attorney General Reports · Feb 28, 2003

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 … appointment of a marshal as follows: The marshal who is the chief of police in such municipalities shall be elected at large, provided that, notwithstanding any other provisions of law to the contrary, a majority of the qualified

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Florida Attorney General Reports · Dec 9, 1985

health services in Florida are provided within the statutory framework of Ch. 394 , F.S., with Part I providing definitions, criteria and procedures for the voluntary and involuntary treatment of mentally ill persons and establishing … However, with respect to Part I, Ch. 394 , F.S. (1984 Supp.), "[a]s used in [that] part, unless the context clearly requires otherwise, the term . . .

Opinion Number

Louisiana Attorney General Reports · Oct 11, 2004

and thus does not share in the governmental immunity. … Federal law requires states to provide basic child welfare services to qualify for funds to combat abuse and neglect.

Opinion No. (1983)

Missouri Attorney General Reports · Oct 6, 1983

Another principle well established is that set forth in Coyle v. Smith, 221 U.S. 559 , 31 S.Ct. 688 , 55 L.Ed. 853 . … coterminus with that immunity." 105 F.

Opinion No.

Arkansas Attorney General Reports · Jan 28, 2003

Const. amend. 74 , establishes a 25-mill uniform ad valorem property tax "to be used solely for maintenance and operation of the schools." Ark. Const. amend. 74 (b)(1). … The fictional "repayment" to teachers of taxes never collected clearly qualifies as an expenditure of public funds on education.

Opinion No.

Texas Attorney General Reports · Nov 26, 1997

Nor does the list establish a seventh, open-ended category indemnifying, for example, any other public servant . … They would have a conditional or qualified privilege against a defamation suit under appropriate circumstances.

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2010

Therefore, according to the statute's plain language, any "individual" or any "business entity," doing business under Arkansas law qualifies for the exemption. … Denning, Why the Privileges and Immunities Clause of Article IV Cannot Replace the Dormant Commerce Clause Doctrine , 88 Minn. L.

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Florida Attorney General Reports · Jul 9, 1975

Under 12 U.S.C.A. s. 548 , the assessment and collection of nondiscriminatory state and local ad valorem tangible and real property taxes against national banking associations is clearly authorized. … of Florida's otherwise tax-immune realty.

Opinion No. Oag 56-79, (1979)

68 Op. Att'y Gen. 151 · Wisconsin Attorney General Reports · May 8, 1979

Second, the federal government has authority to qualify this power. … Jones , the Court concluded that Indian tribes do not enjoy absolute tax immunity outside reservation boundaries.

Opn. No.

New York Attorney General Reports · Dec 31, 1984

The declaration of policy and statement of purposes by the Legislature in establishing the New York City Health and Hospitals Corporation noted that there were serious shortages of adequately trained and qualified personnel … corporation to organize any such subsidiary corporation as a public benefit corporation * * *. * * * "Each such subsidiary corporation and any of its properties, functions and activities shall have all of the privileges, immunities

Opinion No. Oag 35-76, (1976)

65 Op. Att'y Gen. 93 · Wisconsin Attorney General Reports · Jun 15, 1976

63 OAG 34 was grounded in the well-established principle that the state and its agencies are not subject to general statutes or municipal ordinances unless a statute specifically provides otherwise. … Corp . (3d ed.), for the following general rule: "`Municipal zoning regulations or restrictions usually do not apply to the state or any of its subdivisions or agencies, unless the legislature has clearly manifested a contrary

Opinion Number

Louisiana Attorney General Reports · Aug 30, 2002

(B) Plan to establish reasonable procedures. — Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. (7 … It remains our recommendation that the domestic relations order clearly specify each plan to which such order applies.