Case law

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Florida Attorney General Reports · Feb 12, 2003

Markham, 288 So.2d 196 , 197 (Fla. 1973) (constitutional provision providing for homestead exemption from taxation does not establish an absolute right to homestead exemption; rather, taxpayers who qualify will be granted … exemptions only upon establishment of their right thereto as prescribed by law).

Opn. No.

New York Attorney General Reports · Feb 3, 2000

The characteristics of the Project clearly establish State sponsorship. … The Housing Court Initiative, which includes the Volunteer Lawyers Project, was formally established by the Chief Judge; attorneys must attend a training program sponsored by OCA to qualify as volunteers; and the volunteering

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2008

T h i s 3 5 % requirement is still on the books, see A.C.A. § 3-8-302 (a) (Repl. 1996); but it clearly is ineffective. … The percentage was changed again in 1993, under Act 243 of that year, which amended A.C.A. § 3-8-205 to establish the current 38% requirement. See Acts 1993, No. 243, § 1.

Opinion No.

Arkansas Attorney General Reports · Sep 11, 1989

This fact would thus be given weight by the courts, and likely result in adherence to the agency's construction, unless clearly wrong. … It seems to us that these stipulated facts inescapably establish that Youngstown had `so acted upon the [imported ores]' (Brown v.

Opinion No.

Arkansas Attorney General Reports · Aug 14, 1989

Section 6-61-515 of the Arkansas Code provides: (a)(1) If a majority of the qualified electors of the proposed district voting thereon at such election shall vote FOR the establishment of the district, the district shall … be established in the manner provided in (this chapter) (2) If a majority of the qualified electors of the proposed district voting thereon at the election vote AGAINST the establishment of the district, the district shall

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

A Texas citizen must have established legal residence In the state at the time of his offer. … Clearly, if the commission is to carry out its statutory mandate to develop and maintain such a system, which must take the statutory preference into account, it must be able to adopt rules to clarify the statutory

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

Section 86.011 of the Local Government Code establishes procedures for appointing deputy constables. … Finally, we note that a deputy constable who is indicted for a felony is not necessarily immune from adverse employment consequences.

Opinion No.

Texas Attorney General Reports · Aug 31, 1982

You state that the city of El Paso has a Firemen, Policemen and Fire Alarm Operators Pension Fund established pursuant to article 6243b, V.T.C.S. … Article 6243b, section 10A(b)(3) states clearly that the policemen's division of a city's firemen, policemen and firefighters pension fund may not be changed without a uniform change in the firemen's division.

No.

Colorado Attorney General Reports · Jun 9, 2009

Although the Lottery is a state agency and is protected by the Governmental Immunity Act, Robinson v. Colorado State Lottery Division , 179 P.3d 998 , 1004 (Colo. 2008), it also has business attributes. Cf. Nicholl v. … A Lottery retailer license qualifies as "a state or local benefit" under the RPBA.

(1974)

63 Op. Att'y Gen. 400 · Wisconsin Attorney General Reports · Sep 19, 1974

The public right to full access to all public records provided for in sec. 19.21 (2), Stats., is qualified in the following respects: a. … While it is agreed that the privilege extends to all military and diplomatic secrets, its recognition is not confined to data qualifying as such.

Opinion No.

Arkansas Attorney General Reports · Oct 25, 2001

the corporation as organized and operated in fact qualified as a "public benefit corporation." … Finally, although you have not raised the issue in your request, I feel obliged to note that the three municipalities referenced in your request clearly qualify as "public agencies" authorized to undertake an approved joint

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2001

There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B). … Unless the fundamental rights or privileges or immunities of a person are involved, a strong presumption exists that the legislature, in adopting legislation, has acted within its constitutional authority.

Opinion No.

Arkansas Attorney General Reports · Aug 19, 2005

I believe this arrangement clearly qualifies as a joint enterprise of the sort envisioned in the Act, as opposed to a simple contractual arrangement. … The agreement clearly has features that resemble those of a joint venture or partnership. Accordingly, I agree that the proposed agreement is subject to my approval pursuant to A.C.A. § 25-20-104 (f).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

Each license as an authorized dealer in Liquefied Petroleum Gas shall be renewable upon the timely payment or tender of the renewal license fee established and assessed therefor … The corporation has not qualified as a dealer for a liquefied petroleum gas license.

Opinion No.

Arkansas Attorney General Reports · May 2, 2003

policies and standards for the public defender system throughout the state, including standards for determining who qualifies as an indigent person; (2) To establish policies and standards for the organization and operation … Moreover, the courts will uphold the Commission's determination regarding this matter, unless it is clearly wrong.

Opinion No.

Texas Attorney General Reports · May 4, 1981

A Texas citizen must have established legal residence in the state at the time of his offer. … The 1957 law, former article 664-2, replaced a prior statute (former article 647, V.T.C.S.) which had favored `bidders who have an established local business.'

Opinion No. Oag 30-86, (1986)

75 Op. Att'y Gen. 153 · Wisconsin Attorney General Reports · Aug 25, 1986

Midcal provided that for the immunity to apply (1) the state must have clearly articulated and affirmatively expressed a state policy compelling the displacement of competition in the area of the economy at issue, and (2) … Similarly, it does appear to be fatal to a claim of state action immunity that the state has not clearly articulated and affirmatively expressed a state policy to replace competition with regulation as it relates to a specific

Opn. No.

New York Attorney General Reports · May 5, 1978

Village Law § 3-308 , subd 2 authorizes the village board of trustees to establish or abolish a separate board of police commissioners and Village Law § 3-300 , subd 3 provides that members of the village board of trustees … McKinney's Statutes § 76 asserts that where words of a statute are free from ambiguity and express plainly, clearly and distinctly the legislative intent, resort may not be had to other means of interpretation.

(1972)

61 Op. Att'y Gen. 20 · Wisconsin Attorney General Reports · Jan 20, 1972

Nor is it a privilege or immunity springing from citizenship of the United States. … 24 months after leaving Wisconsin, if that person is ineligible to qualify as an elector in the state to which he has moved.

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Florida Attorney General Reports · Mar 27, 1997

You have asked whether "physical occupancy" of residential property is required in order to initially qualify for the homestead tax exemption established by Article VII , section 6 , Florida Constitution. … It is an elemental part of the tax law of Florida 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