Case law

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 29, 1996

Your question is whether the facility contemplated by the contract constitutes a swine production facility subject to K.S.A. 17-5908 which authorizes a county to permit or restrict the establishment of a swine production … A valid petition opposing the facility results in a proposition which is submitted to the qualified electors of the county.

Opinion Number

Louisiana Attorney General Reports · Feb 9, 2011

For example, the retirement contributions for all employees of each department, including qualified and non-qualified employees, are shown as one lump sum for the entire department. … The court found that the members of the plaintiff class did not have a vested interest in one-to-one payment for unused accrued sick leave because that benefit was not lawfully authorized: Although the record clearly establishes

Opinion Number

Louisiana Attorney General Reports · Nov 5, 2010

Specifically, you have asked, under La.R.S. 47:2303 , what is the minimum "acreage required to qualify for a wetlands determination under the Use Value 1 exemption"? … for the use value exemption provided in La.R.S. 47:2303 , the statute clearly states that that amount is three (3) acres.

Ago

Florida Attorney General Reports · Nov 16, 1976

a street or road, the construction and maintenance of which is clearly authorized or provided for by s. 206.605 (3). … S., to mean the property or property rights of a type used for the establishment of public transportation systems established for the transportation of people and property, including all forms of transportation located on

Opinion No.

Arkansas Attorney General Reports · Aug 29, 2007

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish that his "privacy interests outweighed that of the public's under the circumstances presented

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2011

entity created thereby, together with the powers delegated to it, provided that the entity may be legally created; (3) The purposes of the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing … Under these definitions, all of the signatories with the exception of the governors qualify as "public agencies." The municipal corporations clearly qualify as political subdivisions of the state.

Ago

Florida Attorney General Reports · Nov 21, 2005

The opinion stated that if the property appraiser determined that separate permanent residences and separate "family units" had been established by the husband and wife and they were otherwise qualified, each could be granted … Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only `upon establishment of right thereto. . . .'" 1 The burden is on the applicants to demonstrate that they have established

Opinion No.

Arkansas Attorney General Reports · Apr 23, 2009

Because you are a city employee, I believe the requested documents are clearly "public records" under the definition set forth above. … As *Page 7 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. 139-78 (1978)

Missouri Attorney General Reports · Jul 21, 1978

Louis is expected to be a significant consideration, particularly in the case of non-professional employees who would not qualify for membership in the state public school retirement system. … Subsection 1 of Section 6 of the Bill does not clearly state that such employees shall remain members of the Public School Retirement System of the City of St. Louis."

(2006)

91 Op. Att'y Gen. 174 · Maryland Attorney General Reports · Sep 8, 2006

You advise that an applicant for a nonresident dealer permit currently qualifies for the permit. … Moreover, the purchase would clearly prevent renewal of the permit upon its expiration on the following October 31.

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1996

elected or appointed official, or, as an employee or officer within an office, department, committee, or institution which is either totally or partially funded by public monies; Upon conviction, plea-bargain or acceptance or immunity … Accordingly, a court addressing a challenge to the legislation will be in a better position to conceive of a rational basis for it if that basis is clearly stated in the legislation itself.

Opinion Number

Louisiana Attorney General Reports · May 26, 1998

Suffice it to say, Section 3202 clearly limits the exemption from taxation to new manufacturing establishments, new headquarters and/or new warehousing and distribution establishments. … A review of the statutes and the rules and regulations interpretive thereof, clearly evidence the following: 1 .

Opinion No. (2008)

California Attorney General Reports · May 19, 2008

The Copley court qualified its disagreement, however, by stating that the seemingly categorical assertion in New York Times was incorrect "at least insofar as it applies to disciplinary matters like the one at issue here. … Penal Code section 832.5 establishes a procedure for citizens to lodge complaints against peace officers. 12 Pen. Code § 832.8 (e). 13 Pen. Code § 832.8 (a). 14 Pen. Code § 832.8 (f). 15 52 Cal.

Ago

Florida Attorney General Reports · May 17, 1979

The Group-Living Home Trust Fund was established by Ch. 75-197, Laws of Florida codified as s. 393.15 , F. S. … S., provided the debtor group-living homes qualify and satisfy the conditions specified by Ch. 76-128. Prepared by: Craig B. Willis Assistant Attorney General

Ago

Florida Attorney General Reports · Sep 10, 1997

This interpretation is clearly in accord with the legislative history of House Bill 3-B, subsequently designated Chapter 93-400, Laws of Florida. 3 Therefore, it is my opinion that the surviving spouse of a permanently and … veteran than the surviving spouse of a qualified permanently and totally disabled veteran.

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 27, 1995

In any case, it is clearly "an agency of the state for the local performance of governmental or proprietary function within limited boundaries." (' 53090, subd. (a).) … primary drinking water standards which are at least as stringent as those established under the federal Safe Drinking Water Act, and to establish a program under this chapter which is more protective

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 28, 2004

The passage of BRRETA in 1995 established specific duties and obligations for real estate brokers, 2 whether acting as a seller's or a buyer's agent. … The statutory obligations of a broker acting as a seller's agent to a customer ( i.e. , prospective purchaser) are clearly established: "A seller's or landlord's agent owes no duty or obligation to a customer, except that

(1996)

81 Op. Att'y Gen. 169 · Maryland Attorney General Reports · Dec 6, 1996

public utilities in whose races the horses of every licensed owner and trainer may participate": On the contrary, the statutes and regulations, viewed in the aggregate, convince us that a licensed racetrack, except otherwise clearly … It is also well-established that the "[m]ere approval of, or acquiescence in, the initiatives of a private party is not sufficient to justify holding the state responsible for those initiatives under the terms of the 14th

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Legislation in derogation of the doctrine of sovereign immunity should be strictly construed, and legislative intent to waive the doctrine should be clear. and applied only to cases clearly within the legislature's intent … A county's liability for the acts of its agents must be established by reference to the common law and to statute. The doctrine of sovereign immunity bars suits against counties for the 4.

Opinion No. (1997)

Nebraska Attorney General Reports · Mar 31, 1997

The Nebraska Supreme Court set out a three-prong test, and stated that to establish a law was unconstitutional under Article XIII, § 3, a plaintiff had to prove each of the following elements: (1) The credit of the state … Granting to any corporation, association, or individual any special or exclusive privileges, immunity, or franchise whatever. . . .