Case law

Opinion Number

Louisiana Attorney General Reports · Aug 28, 2006

Because the exemption has not been requested in the past, you are requesting a clarification regarding the qualifications which must be met in order for a company to qualify for the exemption. … Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and *Page 2 affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1 st Cir. 1991) writ denied.

Opinion No. (1985)

Nebraska Attorney General Reports · Feb 20, 1985

Statutes qualifying or limiting the grant of authority to contract are mandatory, and contracts not conforming thereto are not binding on the state. … The judgment is clearly for affirmance.

Opinion No. Oag 24-88, (1988)

77 Op. Att'y Gen. 109 · Wisconsin Attorney General Reports · May 23, 1988

Recent United States Supreme Court decisions hold, in cases involving the licensing of a profession, business or trade, that a state may not, under the privileges and immunities clause, establish restrictions for nonresident … law, which required that all oil and gas leases, easements or right-of-way permits for oil or gas pipeline purposes and unitization agreements to which the state is a party must contain a provision requiring the hiring of qualified

Opinion No. 35-78 (1978)

Missouri Attorney General Reports · May 23, 1978

The mere filing of maps for the subdivision of a parcel of real estate does not necessarily immunize the subject property from the operative effect of subsequent subdivision regulations. … The defendants had not engaged in substantial construction nor incurred substantial liabilities directly relating to the establishment of a trailer park as a nonconforming use. . . .

Opinion No.

Arkansas Attorney General Reports · Jan 31, 2000

ALL LAWS, REGULATIONS, AND REQUIREMENTS FOR THE ASSESSMENT OR COLLECTION OF TAX, AND THE CIRCUMSTANCES ARE SUCH THAT THE TAXPAYERS IN FAIRNESS AND EQUITY OUGHT NOT TO ESCAPE LIABILITY FOR THE TAX; PROVIDING THAT SOVEREIGN IMMUNITY … More specifically, this provision appears to refer to the protections established in Section 4.

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2005

of a modicum of support is established in both instances by a 3% signature requirement. … Section 7-7-205 (a)(2) of the Code provides that one might establish a new political party by filing a petition containing "the signatures of qualified electors of this state equal in number to at least three percent (3%)

Ago

Florida Attorney General Reports · Mar 1, 2002

It is an elemental part of Florida tax law that, in order to qualify for the benefit of a tax exemption, the person seeking the exemption must clearly come within the requirements and scope of the law granting the exemption … Military personnel may establish permanent residence in Florida and qualify for Florida's homestead tax exemption, but if such personnel retain their legal residence of domicile in another state by availing themselves of

California Attorney General Opinion 25-102

California Attorney General Reports · May 28, 2026

To engage in these activities, an entity must obtain and maintain a license from the California Department of Cannabis Control and comply with MAUCRSA. 18 That Act “establish[es] a comprehensive system to control and regulate … (See Qualified Patients Assn. v. City of Anaheim (2010) 187 Cal.App.4th 734; Kirby v. Cnty. of Fresno (2015) 242 Cal.App.4th 940; City of Garden Grove v. Superior Ct. (2007) 157 Cal.App.4th 355.) 25 Bus. & Prof.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2005

Clearly, being a qualified elector of the fire protection district is required for appointment to the board of commissioners. Id. … Section 14-284-201 , the first statute in the applicable subchapter, originally adopted in 1979, clearly envisions that such districts will only be established in unincorporated areas: (a)(1) Fire protection districts established

Opinion Number

Louisiana Attorney General Reports · Apr 23, 2003

In the definitions section of this statute, a "qualified plan" is defined as a "basic benefits plan that may be established under a health maintenance organization, health insurance organization, or managed care organization … This is clearly a contract between the federal government and the state, which distributes funding for CommunityCARE and medicaid insurance, to, as R.S. 40:2211 states, "provide or coordinate the provisions of health care

Opinion No. (1992)

Nebraska Attorney General Reports · Jun 26, 1992

The Supreme Court has established a two-prong test for determining immunity under Parker v. Brorn . … The Act meets the first requirement, as it clearly establishes a state policy to prevent unfair competition by prohibiting sales of cigarettes at below cost by wholesalers or retailers with the intent to injure competitors

Opinion Number

Louisiana Attorney General Reports · Nov 16, 2009

XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … *Page 3 There is some debate as to whether or not the committee has sufficient advisory power to qualify as a "public body" subject to the Open Meetings Law.

Opinion Number

Louisiana Attorney General Reports · Mar 13, 1996

except on a court order as provided above or with the written consent of the chief officer of the agency or department where he is employed or in which he holds office, and to this end said officer or employee shall be immune … Establishment of a uniform emergency number is a matter of concern and interest to all citizens.

Opinion No. (1981)

Nebraska Attorney General Reports · Jul 9, 1981

Section 77-2704 (1)(m) exempts from the sales and use tax `purchases by the state, including educational institutions recognized or established under the provisions of Chapter 85, or by any county, township, city, village … When we are faced with the fact that in the very section we are construing the Legislature pretty clearly contemplated that a county could purchase goods for use in a nongovernmental capacity, it is difficult for us to say

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2005

But in response to your particular question, the statute establishes no specific time period within which confirmation must occur. … qualified nominees.

Opinion No.

Arkansas Attorney General Reports · Mar 16, 2006

In my opinion, under certain circumstances to be discussed below, a school district might clearly qualify under Act 2206 of 2005, the Arkansas Public School Academic Facilities Funding Act (the "Act"), for both bonded debt … In the event, then, that a school district were intent on purchasing property with an eye to building thereon, I believe the state might participate in funding the construction, which would clearly qualify as an "improvement

Ago

Florida Attorney General Reports · Jun 7, 2010

construed to permit . . . any changes in a special law or municipal charter which affect the creation or existence of a municipality . . . without approval by referendum of the electors as provided in s. 166.031 ." 7 Thus, clearly … Stat., relates to amendment of municipal charters, establishing the right of electors to submit proposed amendments to municipal charters; it does not establish a right for electors to submit proposed amendments to, or to

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2010

I am not entirely sure I understand the factual background your question is meant to establish. Nevertheless, I will answer your question in the abstract without referencing any particular set of facts. … State law clearly requires that only three election commissioners serve on county boards of election commissioners. 1 Further, state law gives specific guidance on who may hold one of those three positions: (1) the chair

Attorney General Opinion No.

Kansas Attorney General Reports · Jul 24, 1995

On the contrary, K.S.A. 48-915 , 48-933 , 48-934 and 48-935 all provide some immunity for many persons and entities involved in the activities and services authorized or performed under this act. … The issue is whether the LEPC qualifies as a political subdivision. Cities and counties in Kansas are considered political subdivisions of the state. Tomasic v.

Untitled California Attorney General Opinion

California Attorney General Reports · Feb 3, 2022

other Good Samaritan statutes, and would undermine the well-established common law principle that although people have no duty to act, when they do act they must do so with due care. 30 After the Van Horn decision … immunity for medical licensees providing emergency care at the scene of an emergency), 2396 (defining immunity for medical licensees when complications arise from care provided by another licensee), 2397 (defining immunity