Case law

Opinion No.

Arkansas Attorney General Reports · Sep 26, 2001

The legislative intent underlying this statute is clearly to encourage the station owner to keep his business located in Arkansas. … Const. art. 2 , § 18 (prohibiting the legislature from granting any "citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens"), and U.S.

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Florida Attorney General Reports · Dec 5, 1979

Chapter 63-1558 was ratified by the qualified electors of the district and the district's establishment was approved by the voters at the 1963 general election as required by s. 12 of Ch. 63-1558. … S. 1969, stating that the establishment of an ambulance service is a county purpose.

Opinion No. Oag 1-87, (1987)

76 Op. Att'y Gen. 1 · Wisconsin Attorney General Reports · Feb 3, 1987

Prior to 1961, local units of government were generally immune from tort liability. In Holytz v. Milwaukee , 17 Wis.2d 26 , 115 N.W.2d 618 (1962), the court abrogated the doctrine of municipal immunity. … The insurance requirement clearly was intended to benefit the public by providing a more readily available source of money where liability is established under existing principles.

Opinion No.

Arkansas Attorney General Reports · Mar 2, 1990

Established rules of statutory construction dictate that legislative intent must be discerned from the language employed if a statute is clear and unambiguous on its face. Mourot v. … Exempting the resident auctioneer from the written examination by virtue of a "grandfather clause," but requiring the nonresident who is equally qualified, to take the exam, is in my opinion a classification based solely

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Florida Attorney General Reports · Nov 26, 1975

STATEMENT OF FACTS: As you know, our food stamp program utilizes the Clerk III classification to receive cash and issue food stamps to qualified recipients. … Congress established the food stamp program.

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Florida Attorney General Reports · Jul 30, 1984

of the qualified and registered electors in such municipality or county shall be filed with the governing body of such municipality or county, requesting the governing body of such municipality or county to provide, establish … These statutorily authorized services and facilities therefore clearly constitute "county purposes."

Opinion No.

Arkansas Attorney General Reports · Jun 1, 2007

Given this statutory grant to a commission of the state's sovereign authority, I believe a commissioner clearly qualifies as an officer. … . § 7-1-101 (21) clearly indicates that he must.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Const. art. 7 , § 24 (establishing prosecuting attorneys as judicial officers of the state). Question 2: If so, are they eligible as county employees or as state employees? … As just noted, assuming they are not independent contractors, in my opinion coordinators clearly qualify as state employees.

Opinion No. (1989)

Missouri Attorney General Reports · Dec 1, 1989

A discussion of the law relating to governmental immunity from zoning is set forth in City of St. Louis v. … City of Sunset Hills, 589 S.W.2d 31 (Mo.App. 1979), where this court held that Kirkwood did not have to comply with the zoning law of Sunset Hills in establishing a public swimming pool in that city. * * * City of Kirkwood

Opinion Number

Louisiana Attorney General Reports · Oct 17, 1994

We find our position to be clearly supported by the case of Seghers v. Community Advancement, Inc., et al. , 357 So.2d 626 (La.App. 1st Cir. 1978). … or its agencies and instrumentalities and (2) to establish housing equity funds for the purpose of directing the investment of capital primarily from Louisiana residents to residential housing developments qualifying under

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Florida Attorney General Reports · Jun 1, 1987

Section 768.28 , F.S. (1986 Supp.), represents a legislative waiver of immunity from tort liability for the state "and for its agencies or subdivisions" to the extent provided in the act. … QUESTION TWO You ask whether employees of a land authority qualify for participation in the statutorily prescribed retirement systems for certain officers and employees of the state and the counties.

Opinion No.

Arkansas Attorney General Reports · Nov 9, 2007

I will note initially that the parties to the agreement clearly qualify as "public agencies" — a term the Arkansas Code defines in pertinent part as follows: "Public agency" means . . . any political subdivision of this state … In addition, if the interlocal agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must specify the following items: (1) The provision for an administrator or a joint board

Opinion No.

Arkansas Attorney General Reports · Mar 28, 2000

That is, the Program clearly has a secular purpose. … As indicated, this issue can only be determined by a qualified finder of fact.

Opinion Number

Louisiana Attorney General Reports · Jul 19, 1996

In fact, a church or school may be qualified with the Division as a non-commercial lessor and lease its establishment to other charitable organizations to conduct gaming activity. … An established church . . ." Therefore, this term would clearly seem to include churches and schools licensed by the Division to conduct charitable gaming activity.

Opinion Number

Louisiana Attorney General Reports · Sep 6, 1995

You ask "how is seniority determined when two or more persons qualify for a municipal police officer position in cities having a population of 13,000 and above". … R.S. 33:2492 provides for the establishment and maintenance of employment lists.

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2008

I cannot state that the ADE's interpretation of the laws and its licensure regulations is clearly wrong. … of Community Correction are by this subchapter designated as a qualified school district to be known as the "Corrections School System".

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2001

For example, in Jonesboro, seven new election zones have been established. … (d)(1)(A) A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.

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Florida Attorney General Reports · Oct 30, 1974

S., as amended by s. 2, Ch. 74-264, Laws of Florida, creates a replacement trust fund and extends it to "each qualified county, municipality, or special district." … As quoted above, s. 196.031 (3)(a) clearly differentiates between the two. Similarly, Art.

Opinion No. (1981)

Nebraska Attorney General Reports · Mar 19, 1981

The power of classification rests with the Legislature and cannot be interfered with by the courts unless it is clearly apparent that the Legislature has by artificial and baseless classification attempted to evade and violate … These particular sections of LB 132 do not really establish classifications in the traditional sense, in that there is not a grant of special privilege or immunity to a particular class, but merely the establishment of a

Formal Opinion No.

New York Attorney General Reports · Oct 8, 1985

Thus, municipal police chiefs and commissioners clearly need not meet the minimum training requirements. … The central State registry was established in 1979 (L 1979, ch 482).