Case law

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 17, 1998

K.S.A. 22a-226 establishes the office of district coroner in each judicial district of the state. … K.S.A. 22a-226 (e) clearly allows for the appointment of more than one deputy coroner, but the use of the singular word "a" in referring to the appointment of "a" special deputy coroner whenever a district coroner is unable

Opinion No. (2001)

Nebraska Attorney General Reports · Mar 1, 2001

The encouragement comes in the form of immunity from civil penalties. Neb. Rev. Stat. §§ 25-21,260 and 25-21,261 (Cum. Supp. 2000). I. Your first question is whether Neb. Rev. Stat. § 25-21,261 (1) (Cum. … Also, the evidentiary protections are qualified; that is, there are various conditions which must be met to secure and retain the protections.

Attorney General Opinion No.

Kansas Attorney General Reports · Feb 22, 2000

The Kansas Tort Claims Act (Act) was enacted to make governmental liability the rule for negligent acts or omissions, and governmental immunity the exception. … Clearly, the Kansas Dairy Commission was created and continues in existence only by virtue of an act passed by the Kansas Legislature and signed into law by the Governor.

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2011

However, in my opinion, assuming certain qualified voters cast their votes in a polling place *Page 2 outside the district, those votes would clearly be valid and the election would not be void. … particular voter is indeed qualified to vote in a particular election, and I believe the vote of a qualified voter should be counted irrespective of where it was cast in a manner approved by the election commission.

Opinion Number

Louisiana Attorney General Reports · Jan 17, 1995

The court further found that the City's home rule powers also included the power of immunity from the legislature's authority to withdraw, preempt, or deny the city's power to initiate such legislation, and that the City's … However, if the parish determines that such powers were present prior to the 1974 constitution, then it is our opinion that the case of City of New Orleans clearly sets forth the home rule governments ability to retain and

Opinion No.

Arkansas Attorney General Reports · Apr 6, 2006

In my opinion, under Arkansas law, a public school district cannot in effect establish its own law enforcement agency by employing individuals qualified to serve as "law enforcement officers" by having completed the training … Accordingly, even if an individual were qualified to serve as a "law enforcement officer" by virtue of having completed the training program established by the Arkansas Commission on Law Enforcement Standards and Training

Informal Opinion No.

New York Attorney General Reports · Jul 2, 1985

The commission is required to prescribe the form of the questions to be submitted, which must clearly indicate the effect of voter approval. … It seems clear under section 36(5)(d) that any question receiving the affirmative vote of a majority of the qualified voters is approved.

Opinion No.

Arkansas Attorney General Reports · Mar 9, 2006

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … In the present case, the paramount public interest would appear to be to establish that the most qualified applicant was actually hired.

Opn. No.

New York Attorney General Reports · Dec 23, 1982

A Medical Advisory Board has been established in the Commission and is responsible for recommending qualified physicians to conduct physical examinations of professional boxers and wrestlers ( id., § 8904). … Despite the State's broad waiver of sovereign immunity, "it is essential, at the very least, that the person for whose negligent conduct the State is sought to be charged be engaged in its service" ( id., p 409).

Opinion No.

Arkansas Attorney General Reports · Jun 24, 2005

Similarly, your measure does not detail how candidates for commissioner will qualify for the ballot. … Questions will arise under your proposal as soon as 2009 as to how the candidates for the first commissioner opening will qualify for the ballot.

Opinion No. 151-79 (1979)

Missouri Attorney General Reports · Aug 15, 1979

In the eyes of the law the liquor business stands on a different plane from other pursuits and is separated or removed from the natural rights, privileges and immunities of the ordinary citizen." p. 189. … First he had to establish that the classification is `suspect,' which is clearly not so. The state may certainly distinguish between liquor licensees and non-licensees.

Opn. No.

New York Attorney General Reports · Jul 1, 2004

State , 62 N.Y.2d 506 , 512 (1984) (the maintenance of general police protection involves a purely governmental function for purposes of sovereign immunity); Wilcox v. … (noting that since the trial court "clearly invalidated only the extended term provisions of petitioner's contract," "there was nothing inconsistent" about "granting petitioner the various termination benefits provided for

Opinion No.

Arkansas Attorney General Reports · Sep 13, 2001

It is well established under Arkansas law that a court will give considerable deference to a board's interpretation of a statutorily undefined term and generally will uphold that interpretation unless it is clearly wrong. … Finally, I believe the Board has considerable discretion to determine what category of training would qualify as "core hours" — subject, of course, to the condition that the Board's interpretation of this term cannot be clearly

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 16, 1998

In analyzing the relevant statutory provisions regarding these two issues, we are guided by several well established principles of statutory construction. … "Assembly Bill No. 555, patterned after Civil Code section 846, sought to give a public entity and its employees specific qualified immunity from liability for injuries due to defined 'hazardous

Opinion No. Oag 56-76, (1976)

65 Op. Att'y Gen. 159 · Wisconsin Attorney General Reports · Aug 26, 1976

Const., establishes the qualifications for membership in the legislature as follows: "No person shall be eligible to the legislature who shall not have resided one year within the state, and be a qualified elector in the … However, while the residency requirement set forth in sec. 8.15 (4) (b), Stats., clearly appears applicable to all candidates seeking a position on the September partisan primary ballot, 61 OAG 368 (1972), it is a well-established

Opinion No. (1987)

Nebraska Attorney General Reports · Mar 26, 1987

Clearly, of the nine regions from which members were selected for the board of directors, five of the regions were only represented by one person qualified to receive an appointment to the board of directors. … Clearly, the Governor has the right to appoint individuals to state boards.

Ago

Florida Attorney General Reports · Jun 3, 1977

The department shall establish and maintain a certified Florida [property appraiser] program . (Emphasis supplied.) … of public funds would be clearly unlawful under the guidelines set forth in AGO's 062-97 and 064-136.)

Ago

Florida Attorney General Reports · Aug 26, 1982

Section 280.03 , F.S., clearly requires that no public deposit can be made except in a qualified public depository, i.e ., one that meets all of the requirements of Ch. 280 and that has been designated by the Treasurer as … Subsection (6) of s 280.02 , expressly recognizes this federal deposit insurance provision in establishing the formula of `required collateral' as eligible collateral with a value of 50 percent of the average daily balance

Opinion No.

Arkansas Attorney General Reports · Nov 26, 1990

The established, fixed, permanent, or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. … The court thus held that she was clearly ineligible to serve on the school board. At issue in the Cummings case was not a dual residence.

Op. Atty. Gen 169j

Minnesota Attorney General Reports · May 14, 2019

Both federal (see 42 U.S.C. § 1760(p)(2) – “each school food authority shall establish a price for paid lunches” served to students who are not certified to receive free or reduced price meals) and state (Minn. … Dist., 796 F.Supp. 251, 255 (W.D.Tex 1992). 3 “Privilege” is defined as “a right or immunity granted as a peculiar benefit, advantage or favor.” Merriam–Webster’s Collegiate Dictionary 936 (9th ed. 1983).