Case law

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. . . .

Opinion No.

Texas Attorney General Reports · Jul 30, 1982

Section 3.06(d)(5) reads in part: (d) This Act shall be so construed that: . . . . (5)(A) A duly licensed and qualified optometrist may administer topical ocular pharmaceutical agents in the practice of optometry as provided … No fact is named in the law or in the proclamation which he may establish and urge as a matter of right as exempting him from the penalty.

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2003

Although this passage considered in isolation clearly appears to afford qualified corporations a right to vote, it is unclear regarding precisely what those qualifications are. … Act 117 clearly prohibits a county resident from voting if he does not also own property located within the district.

Attorney General Opinion No.

Kansas Attorney General Reports · Jan 15, 2004

that has created a redevelopment district and adopted a redevelopment plan pursuant to K.S.A. 12-1770 et seq . may use tax increment revenues, or the proceeds of bonds or notes issued under these statutes, to reimburse qualified … "Any city which has adopted a project plan in accordance with the provisions of this act may purchase or otherwise acquire real property in connection with such project plan." 12 The statute clearly restricts the acquisition

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you are a police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2001

Given that you are a state police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion No. Oag 123-79, (1979)

68 Op. Att'y Gen. 416 · Wisconsin Attorney General Reports · Dec 26, 1979

The Code per se does not establish quotas for the commercial harvest of any other species. As already noted, the establishment of a harvest quota is clearly a conservation measure. … Clearly some equitable apportionment of the available harvest between the state and the Bands must be effected in order to safeguard the Bands' federal Treaty rights.

Opinion Number

Louisiana Attorney General Reports · Oct 19, 1999

Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, parimutuel wagering facility, or offtrack wagering facility, or a qualified … These provisions are mandatory and would appear clearly applicable to the proposed lease and operations referenced in your letter of September 24, 1999.

Ago

Florida Attorney General Reports · Aug 27, 2008

In addition to these requirements, any officer or employee who retires under the Public Employee Optional Retirement Program established under part II of chapter 121 shall be considered a "retired officer or employee" or … In determining the meaning of a statute, the primary consideration is to give effect to the intent of the Legislature. 6 Where the legislative intent is clearly manifest by the language used, a court will not look behind

Maryland Attorney General Opinion 96 OAG 139.pdf

Maryland Attorney General Reports · Dec 21, 2011

That law provides certain agricultural operations with a qualified immunity from liability for common law nuisance. … (requiring the Agriculture Secretary to establish a mediation program for “agriculturally related disputes”).

Opinion No. Oag 2-88, (1988)

77 Op. Att'y Gen. 4 · Wisconsin Attorney General Reports · Jan 11, 1988

The state must always prove its case at the refusal hearing by establishing each of the necessary elements. … The Wisconsin Supreme Court has already fashioned such limited "use" immunity. In State v.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2001

Given that you are a state police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you are a state police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion Number

Louisiana Attorney General Reports · Dec 29, 1994

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Thus, the owner must establish that he or she falls squarely within one of the qualifying exemptions. The fact that the property is being leased to a governmental agency and used for a public purpose is immaterial.

Opinion Number

Louisiana Attorney General Reports · Dec 29, 1994

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Thus, the owner must establish that he or she falls squarely within one of the qualifying exemptions. The fact that the property is being leased to a governmental agency and used for a public purpose is immaterial.

Opinion No. (1977)

Nebraska Attorney General Reports · Feb 1, 1977

The twenty-six thousand, five hundred dollars appropriated clearly does not provide funding for the expenses which are the subject of your inquiry. … LB 806 establishes procedures for the payment of the expenses here in question at final hearings. II.

Opinion No. (1999)

California Attorney General Reports · Nov 16, 1999

[W]e hold that, to justify court intervention, the abuse of discretion by the Attorney General in refusing the requested leave must be extreme and clearly indefensible. … No such usurping of franchise rights pertains to the Commission as a whole, which has been legally established by the Legislature. The Commission consists of 14 individual offices.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1994

Arkansas Code Annotated § 17-89-101 (a) (Supp. 1993) states in pertinent part: "Optometry" shall include utilizing any method or means which the licensed optometrist is educationally qualified to provide, as established and … Arkansas law has clearly given the Arkansas State Board of Optometry the authority to define and regulate the practice of optometry.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2003

(B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business. . . . … The statute above clearly requires the "public" members of the board to undergo confirmation by the Arkansas Senate.

Opinion No.

Texas Attorney General Reports · Dec 7, 1992

Reading the section as a whole, however, section 52-a clearly envisions that a county, municipality, or other political subdivision may issue bonds to pay for its economic development program. … Second, a majority of the duly qualified property tax-paying voters voting at an election held to consider the bond issue must have approved the issuance.