Case law

Opinion No.

Arkansas Attorney General Reports · Jan 4, 2010

I refer to the following: *Page 5 • As previously indicated, what qualifies as "medical marijuana" is unclear under your proposed amendment. … In my opinion, the extent of this regulatory charge must be clearly stated for the voter in the ballot title.

Opinion Number

Louisiana Attorney General Reports · Jan 27, 1995

Thibodaux General Hospital proposes to contribute $60,000 to Nicholls State University for the purpose of establishing an endowed chair in oncology nursing. … The Louisiana Constitution, at Article VII , Section 14 (C), qualifies its prohibition on the donation of public property by providing: For a public purpose, the state and its political subdivisions or political corporations

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2002

," including a "development authority," have been designated "public bodies," and hence "units of government," under Arkansas law: The term "public body" has been consistently applied in the Code to entities that appear clearly … to qualify as "units of government."

Opinion No.

Texas Attorney General Reports · Sep 1, 1989

Administrative officers who perform discretionary functions have only a qualified immunity from suit for personal liability. Harlow v. Fitzgerald, 457 U.S. 800 (1982); see generally Civ.Prac. Rem. … We assume that the board is interested in increasing its protection from liability only in the areas where it is not immune, that is, its liability to the public, if any, which is not covered by the immunity provisions, and

Opinion Number

Louisiana Attorney General Reports · Jul 17, 1996

All such facilities shall comply with the standards and procedures established by or utilized in the State of Louisiana in its building and fire codes. . . ." … The district should also be aware that as a domestic dependant sovereign, the Tribe is largely immune from suit.

Opinion No. Oag 25-86, (1986)

75 Op. Att'y Gen. 123 · Wisconsin Attorney General Reports · Jul 23, 1986

"[T]radition simply has not recognized a sovereign immunity or inherent authority in favor of liquor regulation by Indians." Id . at 722. … Rice clearly indicates that on-reservation liquor licenses are includable in any limits set on the total number of licenses. 463 U.S. at 721 .

Opinion Number

Louisiana Attorney General Reports · Jul 8, 2008

Due to the weight and quantity of the boxes, it takes several days to unload and distribute these items to qualified senior citizens. … Based upon the information available to our office, we have reason to believe the food net program has in place an established program of financial assistance to the needy.

Ago

Florida Attorney General Reports · May 28, 1975

Section 768.28 (1), F.S., provides that, in accord with the State Constitution, . . . the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent … Having established that the Fire Fighters Standards Council is an "agency" of the state, s. 768.28 (5), F.S., clearly provides that the state and its agencies are liable for tort claims to the same extent and in the same

Opinion No.

Arkansas Attorney General Reports · Sep 10, 2008

Nothing is taken as intended that is not clearly expressed. State ex rel. Sargent v. Lewis , 335 Ark. 188 , 979 S.W.2d 894 (1998). … Clearly, the municipal and other customers of Two Ton provide retail water or other services in their service areas.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 2009

With regard to any other records relating to the suspensions at issue, I should note that a letter of suspension or dismissal may or may not qualify as an "employee evaluation/job performance record" subject to the standard … As always, the person claiming the right will have the burden of establishing it. Accord , Ark. Ops. Att'y Gen. Nos. 2007-001 ; 2006-141 and 2001-122.

Opinion No.

Texas Attorney General Reports · Apr 1, 1981

Section (5) of Rule .004 permits the administration of immunization vaccines providing the recipient is free of any condition for which the immunization is contraindicated. … We believe a qualified non-physician may administer immunizations even though his supervising doctor has not made individual determinations as to each person's need for the vaccine.

Ago

Florida Attorney General Reports · May 28, 1975

If it is determined by the property appraiser that separate permanent residences and separate "family units" have been established by the husband and wife and they are otherwise qualified, each may be granted homestead exemption … Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only "upon establishment of right thereto . . . ." [Horne v. Markham, 288 So.2d 196 , 199 (Fla. 1973).]

Opinion No. Oag 36-86, (1986)

75 Op. Att'y Gen. 182 · Wisconsin Attorney General Reports · Oct 8, 1986

Sometimes the law grants a limited class of private entities a qualified tort immunity, but for certain torts only. See New York Times Company v. Sullivan , 376 U.S. 254 (1964). … And sometimes the law grants private actors absolute tort immunity. See sec. 895.48 , Stats. (good samaritan law).

Opinion No.

Texas Attorney General Reports · Aug 9, 1983

We believe the legislature clearly intends to encourage judicial retirement at not later than age 70 by increasing by ten percent the annuity of a judge who retires before age 71. … eligibility specified in section 44.101(a), title 110B, we believe the plain language of the statutory law codified as section 44.102(b), title 110B, requires that person to retire before becoming 71 years old in order to qualify

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1983

We believe the legislature clearly intends to encourage judicial retirement at not later than age 70 by increasing by ten percent the annuity … the plain language of the statutory law codified as section 44.102(b), title 1lOB. requires that person to retire before becoming 71 years old in order to qualify

Opinion No. Oag 1-91, (1991)

80 Op. Att'y Gen. 1 · Wisconsin Attorney General Reports · Mar 25, 1991

Thus, separate legislation was enacted to include the Circus World Museum which is wholly owned and run by the State Historical Society, clearly itself a state agency. See sec. 895.46 (1)(e), Stats.; 75 Op. Att'y. … In contrast, under the immunization statute, section 140.05(16), the Department merely provides the vaccines and adopts rules regulating the immunization program.

Opinion No.

Arkansas Attorney General Reports · Dec 27, 2006

in the following manner: (a) Divide the district into zones with one director position assigned to each zone: (b) Require a director to be a resident of the zone for which he or she is running; and (c) Permit all of the qualified … In my opinion, this clearly establishes the legislature's general control over the method(s) of electing members of a school district's board of directors.

Ago

Florida Attorney General Reports · May 15, 1985

Control District was created by s 1 of Ch. 65-1355, Laws of Florida, as `a special fire control district . . . which shall become and be a public municipal corporation having the powers, duties, rights, obligations and immunities … See , AGO 74-169, concluding that a special act creating a special fire control district as a `public municipal corporation' established a public quasi corporation, a governmental agency having only those powers delegated

No.

Colorado Attorney General Reports · Jan 12, 1990

University Hospital was established by the University of Colorado Board of Regents (hereafter, "the Board") to meet the needs and demands for medical, dental, nursing, and pharmacy schools and other health-related programs … The Corporation that manages and operates University Hospital is clearly not a governmental entity.

Ago

Florida Attorney General Reports · Feb 3, 1978

This apparent ambiguity results from the following: The class of persons upon whom s. 1 is clearly intended to operate is defined by reference to Chs. 74-105 and 75-177, Laws of Florida. … S., with respect to both categories of nurses to whom the board is authorized to issue licenses, the format for establishing an applicant's qualifications are the same.