Case law

Opinion Number

Louisiana Attorney General Reports · Aug 30, 1994

However, 1990 R.S. 33:103 was amended by Act 699 of as follows: Where a parish or municipality has adopted a charter for local self-government or other home rule charter and such charter provides for the establishment of … It clearly states when the charter provides for a planning commission or otherwise provides for the functions of a planning commission to be performed by a board or commission the provisions as set forth in the statute concerning

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Florida Attorney General Reports · Apr 24, 2007

Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only `upon establishment of right thereto in the manner prescribed by law' ." 5 Subsection (7) directs the value adjustment board … to grant an exemption to an otherwise eligible applicant if the applicant clearly documents that failure to apply by March 1 was due to postal error.

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).

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Florida Attorney General Reports · Apr 14, 1975

These regulations were intended to implement former s. 16, Ch. 57-213, and s. 945.23, F.S. 1969, which established a civil service system for personnel of the division. … answers" immunizing such employee from disciplinary action or criminal prosecution.

Opinion No.

Texas Attorney General Reports · Feb 26, 1999

(section 49.066(a) of Water Code chapter 49 on sovereign immunity applies to MUD). The specific provisions in the other chapter or act prevail in the event of a conflict. Tex. … We have found no other provisions in the Water Code that conflict with section 49.072, nor do we find any in the special law establishing the Edwards Aquifer Authority.

Opinion No.

Arkansas Attorney General Reports · Mar 10, 2003

The ordinance establishing the commission exercises authority found at Ark. … It clearly applies to persons holding elective offices (i.e., those" elected"), and also to persons "appointed to fill a vacancy."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1983

He must refuse to grant such status to land which does not qualify in this way. … The terms of the code clearly require the chief appraiser to determd,neseparately each applicant's right to an exemption.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

, and shall establish qualification criteria for such nursing home administrators. … Section 5 of Article 4442d clearly provides that the holder of a license “shall be deemed to be qualified to serve as

Opinion No. (1990)

Missouri Attorney General Reports · May 15, 1990

Louis and Kansas City may contract to provide police services for other political subdivisions — powers of arrest and immunity — definitions. — 1. … Section 70.815 is not a limitation on the broad power in Section 70.220 but clearly was intended as one means of facilitating agreements between political subdivisions for police services.

Opinion No. (1989)

Missouri Attorney General Reports · Jul 14, 1989

Because section 175.020 , RSMo 1986, clearly states that the Lincoln University Board of Curators shall consist of nine members and further states that at least one curator shall be a full-time student at the university, … Lincoln University was established and operates in accordance with the provisions of Chapter 175, RSMo 1986.

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Florida Attorney General Reports · Oct 12, 2001

VII of the State Constitution to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines established in this section." 2 The city or … In making such classifications, the governing body must act in a reasonable and nonarbitrary manner; section 196.1997 (3), Florida Statutes, however, clearly contemplates that the governing body may distinguish between different

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Florida Attorney General Reports · Dec 22, 1975

The county must own the fee title to such dedicated roadbeds or streets in order for the realty to escape taxation, either as exempt or immune property. … Acceptance must be clearly and unequivocally proved. Roe v. Kendrick, 200 So. 394 (Fla. 1941).

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2009

I believe the answer to your second question is likewise "no" if you mean to ask whether a county might by ordinance establish exemptions from the bidding requirements that apply under *Page 2 state law. … The condition set forth in A.C.A. § 14-22-104 (2) clearly qualify as a "general law of the state," meaning that a quorum court may not amend or qualify this condition by local ordinance.

Opinion No.

Texas Attorney General Reports · Apr 15, 2004

Section 38.001, on the other hand, establishes immunization requirements necessary to protect students' health. Tex. Educ. Code Ann. § 38.001 (Vernon Supp. 2004). … The TDH's current rule is consistent with section 38.001 by precluding admission to children who do not qualify under the statute's plain language.

Opinion No. (1987)

Nebraska Attorney General Reports · Mar 5, 1987

There is nothing in the legislative history which expressly waives the immunity of the Federal Government to state taxation. In 1986, the Department of Defense Appropriation Act, Pub.L. … The principle that a state government may not indirectly tax the Federal Government or an "instrumentality" of the Federal Government was clearly established by the United States Supreme Court in United States v.

(2002)

87 Op. Att'y Gen. 17 · Maryland Attorney General Reports · Feb 27, 2002

E.D. § 16-301 (d)-(e); see also E.D. § 16- 304 (authorizing county governing bodies to appropriate funds to establish and operate community colleges). … Shortly thereafter, however, the Court of Appeals concluded that a community college is a State agency for purposes of sovereign immunity. Board of Trustees v. John K.

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Colorado Attorney General Reports · May 16, 1990

Clearly, they are. … Moreover, the Committee is defined by statute as a "public entity" entitled to governmental immunity. § 24-52-102(f)(I), C.R.S. (1988).

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Florida Attorney General Reports · Apr 10, 1974

Military personnel may establish permanent residence in Florida and qualify for Florida's homestead tax exemption, but if such personnel retain their legal residence or domicile in another state by availing themselves of … Military personnel stationed in Florida may, of course, qualify for the homestead tax exemption provided, inter alia, they establish the homestead as their permanent residence.

Opinion No.

Arkansas Attorney General Reports · Mar 1, 2007

As your request suggests, the question just posed clearly implicates the provisions of Amendment 33, which provides in pertinent part: § 2. Abolition or transfer of powers of board or commission — Restrictions. … To be sure, various statutes invest in an institution's board the authority to establish tuition policy.

Opinion No.

Arkansas Attorney General Reports · Sep 26, 2006

Att'y Gen. 87-340 (stating that "amendment [32] establishes a ceiling of one mill as the maximum rate that may be levied on taxable real and personal property to this end"). … In addition, in my opinion, the clearly applicable provisions of Section 3, with its one-mill limitation, may not be skirted by an attempted levy of an "additional" one mill under a duplicate application of the provisions