Case law
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74 Op. Att'y Gen. 164 · Wisconsin Attorney General Reports · Aug 14, 1985
It is well established that a county board "has only such powers as are expressly conferred on it or necessarily implied from those expressly given." Dodge County v. … This statute clearly creates no implied power for a county to pay the state bar dues in question, being manifestly designed for the state to take care of only those expenses, such as for dining and lodging, incurred by a
Cited 1 timesPublishedFlorida Attorney General Reports · Feb 13, 1985
Green, 132 So.2d 24 (3 D.C.A.Fla., 1961), to the effect that a statutory definition of a word is controlling unless a contrary intent clearly appears. … And see, AGO 71-207 (in order for special taxing district to qualify for the levy of additional millage under s 200.071 , one of the requirements which must be met is that the special taxing district must be limited only
Cited 0 timesPublishedLouisiana Attorney General Reports · Apr 2, 2009
Bernard Parish Council, as a post-1974 home rule charter entity, empowered to adopt an ordinance which alters the selection and removal *Page 2 process for the hospital service district board of commissioners established … The only qualification requirements imposed by La.R.S. 46:1053 (A) are that members of the board of commissioners be qualified voters and residents of the district.
Cited 0 timesPublishedArkansas Attorney General Reports · Aug 1, 2011
Custodians would be wise to consult local counsel when making these decisions with an eye toward establishing a usual practice. … If you are asking whether custodians can release non-exempt, public records on their own and not in response to any specific requester, then the answer is clearly "yes."
Cited 0 timesPublishedFlorida Attorney General Reports · Jun 12, 1984
Further, it is a well-settled rule that a statute will not be construed as retroactive unless its terms clearly show that the Legislature intended such a result. … A commissioner shall hold office until his successor has been appointed and has qualified. . . .
Cited 0 timesPublishedArkansas 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
Cited 0 timesPublishedTexas Attorney General Reports · Jun 21, 1979
The definitions of `disability' provided in the statutes establishing these two programs differ slightly. Compare 42 U.S.C. § 423 (d)(1) with 42 U.S.C. § 1382c (a)(3)(A), (B). … The disabled taxpayer need not receive benefits under the federal act in order to qualify for the homestead tax exemption. Very truly yours, Mark White Attorney General of Texas John W. Fainter, Jr.
Cited 0 timesPublishedArkansas Attorney General Reports · Dec 23, 1992
While it might be concluded at first glance that the county clerk has a vote as a "member of the council" (§ 14-27-102 (c), above), a review of Act 510 as a whole clearly indicates that the "local government jurisdiction[ … The Quorum Court passed Ordinance 91-20 that established an Advisory Committee to handle all aspects of Act 833 of 1991.
Cited 0 timesPublishedLouisiana 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.
Cited 0 timesPublishedLouisiana 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.
Cited 0 timesPublishedFlorida Attorney General Reports · Jan 14, 1974
AS TO QUESTION 1: Section 218.31 , F.S., reads, in relevant portion: "As used in this part, except where the context clearly indicates a different meaning: (1) "Unit of local government" means a county, municipality or special … The issuance of bonds is subject to approval by referendum of the qualified electors of the district (s. 374.85, F.S.); and taxes may be levied on property within the district (s. 374.92, F.S.).
Cited 0 timesPublishedTexas Attorney General Reports · Mar 22, 2010
V, Sec. 3, expressly renders the Governor immune from the operation of the writ of mandamus. Pier son v. State , 177 S.W.2d 975 , 978 (Tex. Crim. App. 1944). … While article V, section 28 provides a time period in which the Governor may fill the vacancy, no constitutional or statutory provision establishes a deadline for the Governor to act.
Cited 0 timesPublished96 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.
Cited 0 timesPublishedArkansas Attorney General Reports · Dec 30, 2008
As for your third question, the statute clearly requires the clerk to determine whether petition signatures are genuine. … Before an initiative or referendum may appear on the ballot, a sufficient number of qualified electors must sign a petition to that effect.
Cited 0 timesPublishedFlorida Attorney General Reports · Jun 29, 1977
A city council member is clearly a municipal officer within the purview of s. 5(a), Art. II, State Const. … The Police Standards and Training Commission of the Department of Criminal Law Enforcement is charged with the responsibility of establishing uniform minimum standards for the employment and training of these officers, s.
Cited 0 timesPublishedLouisiana Attorney General Reports · May 31, 2000
Joseph Seminary College would apply for membership in LAICU and is accepted, qualified students would be able to receive the TOPS award. … The Establishment Clause clearly does not prevent any form of public aid or service to any church affiliated institution. Roemer v. Board of Public Works , 387F. Supp. 1282 citing Hunt v. McNair , 413 U.S. 734 .
Cited 0 timesPublishedKansas Attorney General Reports · Nov 30, 2007
However, the distinctions created in HB 2543 also clearly establish a different tax rate to be based upon the type of individual owning the exact same property, a home builder versus a home buyer. … Frantz , 269 Kan. 436 (2000) (in order to qualify for the merchants' inventory exemption under K.S.A. 79-201m , a taxpayer must establish that it is a "merchant" and that its personal property qualifies as "inventory" under
Cited 0 timesPublishedLouisiana Attorney General Reports · Dec 11, 1998
The Court concluded that the statutory language clearly refers to food products. … This language clearly refers to Paragraph (H)(1)-(3).
Cited 0 timesPublishedFlorida Attorney General Reports · Feb 12, 1999
Does the Miami-Dade Inspector General qualify as "an appropriate local official" for purposes of the Whistle-blower's Act? 2. … The Miami-Dade Inspector General appears to qualify as "an appropriate local official" for purposes of the Whistle-blowers Act. 2.
Cited 0 timesPublishedArkansas Attorney General Reports · Dec 7, 1995
Thus, until Act 947 becomes effective, persons may register up to December 20, 1995, and thereby qualify to vote in the January 9 election. … It is well-established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the interest for retroactive application is clearly expressed or necessarily implied. Arkansas Rural Med.
Cited 0 timesPublished
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