Case law

Opinion No.

Arkansas Attorney General Reports · Apr 15, 1998

the second class and incorporated towns within the State of Arkansas may elect a municipal attorney at the time of the election of other officers of these cities of the second class and incorporated towns, if it is not established … It clearly applies to persons holding elective offices (i.e., those "elected"), and also to persons "appointed to fill a vacancy."

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2009

Given that you are a public employee, I believe documents containing the requested information clearly qualify as "public records" under this definition, as would any other records maintained by your employer relating to … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Ago

Florida Attorney General Reports · Jun 19, 1975

Section 205.064 , F.S. (1974 Supp.), clearly exempts the qualified individual produce seller from payment of any local occupational license tax. … To so construe this section would be to establish an exemption, beyond the given limitation, in derogation of the principle that exemption sections shall be strictly construed against the taxpayer. State ex rel.

Attorney General Opinion No.

Kansas Attorney General Reports · Feb 26, 1993

K.S.A. 13-1501 establishes the commission form of government for cities of the first class. … It is clearly one of the sections comprising the enactment.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1979

The definitions of Visability” provided in the statutes establishing these two programs differ slightly. Compare 42 U.S.C. S 423(d)(1) with 42 U.S.C. S 1382&(3XA), (B). … The disabled taxpayer need not receive benefits under the federal act in order to qualify for the homestead tax exemption.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1947

Article 443g, V.A.C.S., Acts 1876, Page 51, provides that if there is a regular established public hospital in the county, the Commissioners'Court shall provide for sending the indigent siak of the county to … Clearly, the statutes construed together, as they.shouldbe, contemplatesfull cooperationbetween the authorities of the City-County joint hospitals and the City-CountyTuberculosisControl Board, to the end that the public health

Opinion No. (2003)

Nebraska Attorney General Reports · Jul 30, 2003

If Commissioners are "employees" of the State of Nebraska, is a Commissioner who has reached a qualifying age pursuant to Neb. Rev. … If so, does travel to and from the Commissioner's place of residence qualify as work?

Opinion Number

Louisiana Attorney General Reports · Jun 23, 2006

The statute authorizes the public entity to employ a qualified licensed auctioneer to handle the sale. … The Board is clearly not in the business of buying and selling alcohol for commercial purposes.

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

The Louisiana Public Bid Law, LSA-R.S. 38:2212 -2296 establishes certain requirements pertaining to advertisements and letting of contracts to the lowest responsible bidder. … Therefore it would be inappropriate for the Monroe Housing Authority to eliminate otherwise qualified bidders merely on the basis that they maintain an inventory of General Electric parts.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2002

that may have qualified for "adjustment credit" under the old program may not qualify for "primary credit" under the new program. … The purpose of Amendment 60 was clearly to place a limit on interest rates.

Opinion Number

Louisiana Attorney General Reports · Sep 8, 2009

According to your request, the Hospital has been charged with the responsibility to establish a first-class assisted living facility ("Facility") to benefit the citizens of St. Charles Parish. … As such, we believe that the proposed transaction does not appear to be merely gratuitous, if the developer's obligations are reflected reasonably clearly in the agreement and related documents.

Opinion No. (2005)

California Attorney General Reports · Apr 7, 2005

In this case, we believe that the express power to place a bond measure on the ballot when the district board finds it advisable to do so clearly implies that the board has the power to make reasonable expenditures for the … , the action is not taken to attempt to influence voters either to qualify or to pass an initiative measure; there is as yet nothing to proceed to either of those stages.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1945

At Intervals of not less than twelve months, ten per cent of the qualified prop- erty tax paying voters of a county may petition such court to provide for the establishing or en- larging … Whenever any such proposition shall re- ceive a majority of the votes of the qualified property tax payers voting at such election, said commissioners sourt shall establish and maintain

No.

Colorado Attorney General Reports · Nov 16, 2009

clearly the right to such an exemption. 18 Like Colorado courts, "[u]nless the statutes and the constitution place the property within a stated category of exemption, we resolve doubts regarding the meaning of statutes and … Marijuana sold in the form of seeds would qualify for this exemption. Marijuana sold in the form of leaves, buds, flowers or plants would not qualify, and would be subject to sales tax.

Opinion No.

Arkansas Attorney General Reports · Apr 5, 2006

I believe these charges clearly warrant the ACD's imposition of a bidding requirement on appraisal contracts. … The proposal must clearly state the fact(s) necessitating the deviation. . . .

Opinion No.

Arkansas Attorney General Reports · Jan 12, 1995

This provision, by use of the term "must," is clearly mandatory. … temporary work-related assignment or duty post, or as a result of their performing duties in connection with their status as military personnel, students, or office holders, shall be deemed residents of that place where they established

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

The question, therefore, is whether a blind person who obtains his equipment and initial supplies from the State is qualified to submit a bid for the printing of these books in Braille. … Section 1 of Article 678d, Vernon's Civil Statutes, clearly establishes the intention of the Legislature to make blind persons independent and self-supporting by stating: "For the purpose of providing blind

Opinion No.

Arkansas Attorney General Reports · Sep 1, 2004

These principles clearly bear on the question of whether an authorization to grant financial aid implies an authorization to grant a credit against water and sewer rates. … In my opinion, this term would clearly encompass the payment of water and sewer rates. 2 Section 26-73-114 of the Code in turn qualifies the proscription against donating tax revenues to a school district by providing that

Ago

Florida Attorney General Reports · Aug 12, 1976

An administrative rule is entitled to great weight in construing a statute, but it cannot stand if clearly contrary to the language of the statute. Cf. Greyhound Lines, Inc. v. … The question remains whether the provisions of Ch. 63-1787, Laws of Florida, establishing county welfare liens permit their enforcement in this manner.

Opinion No.

Arkansas Attorney General Reports · Oct 24, 2001

This Code section clearly reflects the presumption that an FFA program is not part of a school's regular curriculum. … See also generally A.C.A. §§ 6-16-103 (stating that "[t]here shall be taught . . . such subjects as may be designated by the State Board of Education or required by law[;]") and 6-13-620 (establishing the duty of local school