Case law

Opinion No. (1990)

Missouri Attorney General Reports · Jun 11, 1990

May the City of Lakeview license and tax such state licensed establishments such as resorts and restaurant-bars? 3. To what extent may the City of Lakeview tax such establishments? … In Allstate, the Court opined: Clearly, the state preempted the regulation and taxation of liquor when it granted to municipalities and counties by § 311.220 only the power to issue a business license in the amount therein

Opinion No.

Arkansas Attorney General Reports · Jun 14, 1996

provides in relevant part as follows: An assessment of up to five (5) mills may be levied by the quorum court in the ambulance service district area, provided that the assessment is approved by at least a majority of the qualified … The statute was later amended to permit quorum courts to create districts, by an act entitled "An Act to Amend Arkansas Code 14-282-102 to Establish an Additional Method of Establishing an Ambulance Service District. . .

Opinion Number

Louisiana Attorney General Reports · Jan 23, 1996

this title, the term "public office" means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established … The members of the Atchafalaya Basin Levee District clearly qualify as "public officers" under these provisions.

Opinion Number

Louisiana Attorney General Reports · May 2, 2000

In carrying out such programs, the governing authority must establish objective eligibility requirements and formal guidelines to ensure that all individuals qualifying are needy and have an equal opportunity of receiving … Such a program must be administered in accordance with the establishment of formal guidelines to insure that all individuals qualifying are truly needy and have an equal opportunity of receiving public assistance.

Opinion No.

Texas Attorney General Reports · Jun 5, 1989

Cobb: You ask three questions relating to the Denton County Emergency Communication District [the "district"] which was established under article 1432e, V.T.C.S. [the "act"]. … Also, the common law on immunity of public officials might provide immunity additional to that provided for in section 4(b) of article 1432f.

Ago

Florida Attorney General Reports · Sep 25, 1996

City of Tallahassee, 418 So.2d 1148 (Fla. 1st DCA 1982), rev. den. 427 So.2d 737 (1983) (statutes provide clearly defined and exclusive method by which annexation can be accomplished). 3 Section 171.0413 (1), Fla. … Gordon Brothers Concrete, Inc., 339 So.2d 1156 (Fla. 2d DCA 1976) (garnishment statute did not provide statutory authority for waiver of state's immunity in garnishment proceeding); City of St. Petersburg v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2003

However, the Tort Claims Act does not waive sovereign immunity for school districts “[elxcept as to motor vehicles.” Id. 9 10 1.05 1. … students and their families through a school-based health center and provides a grant program for qualifying centers.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

authority created for a county and the commissioners thereof, with- in the area of operation of such housing authority as hereinafter defined, shall have the same func- tions, rights, powers, duties; immunities … body' as used in the Housing Authorities Law shall be construed as meaning 'Commissioners Court', and the term 'city' as used thereinshall be construed as meaning 'county' unless a different meaning clearly

Opn. No.

New York Attorney General Reports · Apr 12, 1976

Historically, properties owned by the State or its agencies were immune from taxation by reason of the State's sovereignty. … As to whether or not a given body is or is not a State agency, the courts have established a "closeness of relation" test. In Easley v.

Opinion No.

Arkansas Attorney General Reports · Oct 2, 2007

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … They do not appear to qualify as either employee evaluation/job performance records or personnel records.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

As noted in the above referenced opinion, the Highway Commission clearly has jurisdiction to adopt the recited regulations as applicable to carriers operating entirely intrastate, see A.C.A. §§ 23-2-209 and 23-13-204 , except … Section 382.101 declares that "[t]he purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2001

RESPONSE It is my opinion that the provision for the hiring of staff members by the County Attorney is clearly unconstitutional. … But clearly, the County Judge is vested exclusively with the duty and responsibility for hiring county employees.

Opinion Number

Louisiana Attorney General Reports · Jul 2, 2002

You state as follows: By codifying the right of free passage for "law enforcement personnel" under the State Police Law with the long established exemption from tolls for state police, the legislature chose to limit the newer … Loren , 587 So.2d 162 (La.App. 4 Cir. 1991) that the court stated "probation officers are peace officers with all of their power and immunities" and cites C.Cr.P. Art. 899 , as does State ex rel Strain v.

Opinion No.

Texas Attorney General Reports · Aug 4, 1980

Section 7(b)(2) of article 4447u, V.T.C.S., establishes another group of applicants for a Class B license-home health agencies which have provided services as of the effective date of the statute. … Article 4447u, V.T.C.S., clearly vests in the Department of Health authority to determine whether a particular applicant is entitled to a Class A or Class B license. The Commission need not make this determination.

Opinion Number

Louisiana Attorney General Reports · May 13, 2005

Unless the fundamental rights or privileges and immunities of a person are involved, a strong presumption exists that the legislature in adopting legislation has acted within its constitutional authority. … The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Id . at 388." We trust the foregoing to be of assistance.

Opinion Number

Louisiana Attorney General Reports · Apr 1, 2008

The Smoke-free Act attempts to clearly define these exempted areas and further provides penalties for violating certain provisions of the act. … Accordingly, even though an establishment may sell or offer for sale food to the public, guests, or employees, it may still qualify as a bar *Page 5 under the Smoke-free Act.

Opinion No.

Arkansas Attorney General Reports · Apr 25, 2008

Given that the record was written by a city official, is kept by the City and the subject matter involves the performance of official functions, I believe the document in question clearly qualifies as a "public record" under … 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

(2011)

96 Op. Att'y Gen. 61 · Maryland Attorney General Reports · Aug 22, 2011

With particular application to stormwater programs, in Section 313 of the federal Clean Water Act, Congress has waived sovereign immunity and accepted liability as to all reasonable stormwater program service charges assessed … Such an entity must satisfy specific requirements to qualify for each type of State tax exemption.

Opinion Number

Louisiana Attorney General Reports · Apr 19, 1999

Your question raised the issue of legal guardianship, and asked whether or not the jail in which a minor is incarcerated qualifies as a "legal guardian" under La. R.S. 14:91.8 (F) (2) (a). … The context and syntax of the provision indicate that the term "legal guardian" should be construed by its accepted and established meaning.

Opinion Number

Louisiana Attorney General Reports · Mar 23, 1993

The Primary Place will comply with Louisiana laws dealing with health and safety requirements, student immunization, nondiscriminatory practices, student discipline, and the public school fee law. … voters of the school district in which it is situate, it is a school which is established and maintained at a public expense. . . .