Case law

Opinion No.

Arkansas Attorney General Reports · Sep 12, 1989

With the opinion request, you have submitted a list of interim committees established by resolution, some concurrent. … This fact would thus be given weight by the courts, and likely result in adherence to the agency's construction, unless clearly wrong.

Opinion No. (2002)

Nebraska Attorney General Reports · Apr 4, 2002

Indeed, the public purpose served by convention centers or facilities is evidenced by the inclusion of such structures as qualified projects for community development purposes. Neb. Rev. … provides, as is pertinent: The Legislature shall not pass local or special laws in any of the following cases, that is to say: * * * Granting to any corporation, association, or individual any special or exclusive privileges, immunity

Opinion Number

Louisiana Attorney General Reports · Apr 1, 2008

As noted by the Court in Meyers , "[s]ince the object of plaintiff's suit is to secure an exemption from taxation, the exemption must be clearly established." Id. … It is our opinion that there is no evidence that such an exemption is established, clearly or ambiguously, in the Louisiana Constitution.

Opinion No. (2002)

California Attorney General Reports · May 9, 2002

It behooves districts to establish as fair and equitable a process as possible which results in a representative student population and is communicated clearly to all parents. . . ." (Id. at p. 9.) … If, for example, the school had a neighborhood attendance area, qualified students within the neighborhood could not be displaced by qualified students from outside the neighborhood. (§ 35160.5 , subd. (b)(2)(C).)

Ago

Florida Attorney General Reports · Oct 1, 1985

The Bayshore Fire Protection and Rescue Service District is established as a public corporation having the powers, duties, rights, obligations and immunities set forth in the act and exercising jurisdiction over a designated … As related earlier herein, the board of commissioners is composed of five commissioners who are elected by the qualified electors residing within the district. Section 3, Ch. 76-414.

Opinion Number

Louisiana Attorney General Reports · Nov 10, 2005

Your request asked whether licensed practical nurses qualify as allied health professionals to receive professional scholarships under the provisions of La. … R.S. 46:1131 establishes a scholarship program for nursing students enrolled in an accredited school of nursing.

Opinion No.

Arkansas Attorney General Reports · Dec 30, 1994

It should be initially noted that a classification for psychological test technician was not provided in Act 129 of 1955, which established the Arkansas Board of Examiners in Psychology and its powers and duties. … Clearly, the Arkansas Board of Examiners in Psychology is vested with administrative authority under these Code provisions governing psychological practice as "psychologists" and "psychological examiners."

Opinion No.

Texas Attorney General Reports · Feb 22, 2005

Gov't Code Ann. § 85.003 (b) (Vernon 1999), but does not establish qualifications a deputy sheriff must meet to be eligible to serve. … Finally, we note that a deputy constable who is indicted for a felony is not necessarily immune from adverse employment consequences.

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2008

With regard, first, to the non-qualified members, i.e., those who will not have met the eligibility requirements prior to the elimination of DROP, it seems unlikely that such persons could establish a present property interest … Unless the legislation eliminating DROP were found to require the forfeiture of benefits for which the non-qualified members legally contracted, it clearly will not have the effect of violating the constitutional prohibition

Opinion No.

Arkansas Attorney General Reports · May 1, 2006

Nos. 2006-005 , 2002-345, 2001-363, and 2000-187 (applying the Interlocal Cooperation Act to various entities that appear clearly to qualify as units of government). … Because the Agreement does not establish a separate legal entity to conduct the cooperative undertaking, it must also provide for an administrator or a joint board. A.C.A. § 25-20-104 (d)(1).

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 9, 2023

Missouri’s Three-Tier Alcohol Control System Missouri’s Liquor Control Law establishes a system for regulating the manufacture, distribution, and sale of alcoholic beverages in Missouri. 2 The so-called “three-tier … Stats., § 43.450 (criminal record review, qualified entities). Mo. Rev.

Informal Opinion No.

New York Attorney General Reports · Nov 2, 1989

next preceding a special or annual fire district election shall be qualified to vote upon such proposition" ( id., § 179[4]). … The legislative intent underlying this provision clearly indicates this purpose (Bill Jacket, L 1980, ch 901, Memorandum in Support of Senate 8253-A).

No.

Colorado Attorney General Reports · Feb 2, 1982

powers of the Division of Correctional Industries the following: (d) To acquire or purchase equipment, raw materials, supplies, office space, insurance, and services and to engage the supervisory personnel necessary to establish … Clearly, these statutory provisions permit the executive director to assign buildings to the Division of Correctional Industries for industries use. See 17-24-109 (4).

Opinion No. 47-82 (1982)

Missouri Attorney General Reports · Mar 19, 1982

It is our view that philanthropic funds such as those received from the United Way or other fund raising activities clearly are not public assistance benefits. … Although the legislature did establish eligibility requirements for participation in the programs, there exists no evidence of an intent to establish an entitlement program.

Opinion No.

Arkansas Attorney General Reports · May 30, 2001

Given that you are a coach at a public high school, and as such a public employee, I believe your files clearly qualify as "public records" under this definition. As I noted most recently in Ark. Op. Att'y Gen. … In my opinion, these documents qualify as "employee evaluation or job performance records."

(2007)

92 Op. Att'y Gen. 148 · Maryland Attorney General Reports · Nov 7, 2007

John K Ruff, Inc. , 278 Md. 580 , 586-88 , 366 A.2d 360 , 364 (1976) (sovereign immunity); see also Davis v. Montgomery County , 267 Md. 456 , 463-66 , 298 A.2d 178 , 183-84 (1972) (eminent domain), Charles E. … Moreover, the court noted that the procurement statutes specific to school boards were amended subsequent to the enactment of the General Procurement Law thereby "demonstrating clearly a legislative recognition that they

Opinion No. (2004)

Nebraska Attorney General Reports · Mar 25, 2004

shall be established for a thirty-day period. … , in pertinent part: The Legislature shall not pass local or special laws in any of the following cases, that is to say: * * * Granting to any corporation, association, or individual any special or exclusive privileges, immunity

Opinion No.

Arkansas Attorney General Reports · May 12, 1986

It follows that the burden is upon the general contractor to establish the reasonableness of his method of soliciting bids and that no licensed contractors responded. … It appears that the legislature intended that a licensed specialty contractor be required if available through reasonable solicitation but did not clearly address the use of unlicensed specialty contractors in such contracts

Opinion No.

Texas Attorney General Reports · Apr 10, 1981

positions or in temporary or probationary status; [and] (3) certify persons as being qualified under the provisions of this Act to be fire protection personnel; See also § 6(c). … Section 2 clearly authorizes the commission to establish minimum certification requirements only `for admission to employment as fire protection personnel.'

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 21, 1996

Under authority of the internal revenue code, as amended by the tax reform act of 1986, tax-exempt qualified private activity bonds may be issued for specified purposes, not to exceed the state ceiling established by 26 U.S.C … For Kansas, the internal revenue code establishes the state ceiling at $150 million. See 26 U.S.C. § 146 (d).