Case law

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Florida Attorney General Reports · Feb 14, 1997

If so, is the Metropolitan Planning Organization covered by sovereign immunity limitations in operating such a system? In sum: 1. … Under its adopted transit development plan, the organization proposes to establish a mass transit system in Marion County.

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Florida Attorney General Reports · Jan 17, 2002

referred to the hospital district as a special taxing district. 7 In addition, the Department of Community Affairs lists the hospital district as an independent special district in its official list of special districts. 8 Clearly … , the Campbellton-Graceville Hospital District is not a branch or department of state government. 9 Nor does the district appear to qualify as a "state agency."

Opinion No.

Arkansas Attorney General Reports · Jun 18, 2001

for coverage in a health benefit program under this subsection upon payment of the appropriate premium as established by the board, provided the active retiree applies for coverage within thirty-one (31) days of the loss … Clearly, the legislature recognized in Act 1752 that at least some employees participating in an "alternate retirement plan" are state employees. Several other factors support this conclusion.

Opinion No.

Arkansas Attorney General Reports · Nov 9, 1995

Act 916 does not, on its face, establish a minimum millage rate. School boards retain their authority under Ark. … As the surcharge imposed by Act 916 clearly is an income tax, not a property tax, it is my opinion that Ark.

Opn. No.

New York Attorney General Reports · Mar 11, 1991

The State Comptroller gave qualified approval to the bill, noting some technical defects requiring correction. … While stating a preference for specific legislation authorizing cooperation in particular fields, the Comptroller clearly indicated that Article 5-G would serve as an immediate authorization for municipal cooperation.

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 14, 1996

"K.S.A. 1994 Supp. 79-1476 clearly states that land is not devoted to agricultural use if it is `used for recreational purposes' and its `primary function is for . . . recreational purposes even though such properties may … There appear to be no Kansas cases or statutes that hold or establish a percentage ratio for determining how much of the use of a property must be agricultural in order to qualify for the agricultural use exemption.

Opn. No.

New York Attorney General Reports · Jan 21, 1998

It also establishes procedures for the award of such contracts and imposes other requirements upon the parties. … Clearly, while the Legislature intended to authorize more flexibility in school ownership and construction, it did not intend to shift the responsibility for maintaining construction standards.

Opinion No.

Arkansas Attorney General Reports · Aug 5, 2008

Given that the subjects of the request are city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Texas Attorney General Reports · Mar 5, 1981

It guarantees loans made to eligible students under the federal guaranteed student loan program established by the Higher Education Act of 1965, 20 U.S.C. § 1001 et seq. … our conclusion that the corporation is not subject to article 6252-19, the Tort Claims Act, is premised on the determination that the legislature did not intend the corporation to fall within the doctrine of governmental immunity

Opinion Number

Louisiana Attorney General Reports · May 30, 2003

If requested in writing by at least one-half percent of the qualified voters of any region in the Parish, the governing authority shall hold a regional public hearing on the proposed ordinance in that region. … The combined impact statements were published in the Louisiana Register adjacent to the notice of intent, and clearly identified with it.

Opinion Number

Louisiana Attorney General Reports · Jun 22, 1999

We do note in R.S. 40:1567 in regard to fees for fire reports, it provides the term volunteer fire department means a legally constituted fire department or fire protection district of fewer than four persons who are qualified … However, when no ambiguity exists in the statute or the construction of the administrative body is clearly erroneous, this doctrine is inapplicable. Swetman, and citations therein.

(1971)

60 Op. Att'y Gen. 18 · Wisconsin Attorney General Reports · Jan 22, 1971

Even where authority to impose fees exists, however, unless clearly evident from the statute, such charges may not be established for general revenue purposes. … some constitutional provision, including the privileges and immunities clause of Art. 4, § 2 and the equal protection clause of § 1 of the Fourteenth Amendment, U.S.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1948

to a particular business, does not constitute engaging in or carrying on such business within the meaning of a law imposing a license or tax thereon, unless an Intent to engage In the business is clearly … S., on Juveniles, wherein are found stat- utes authorizing counties of various population brackets to establish County Juvenile Boards, which are to be dis- tinguished from probation officers authorized by the “Adult Probation

Opinion No.

Texas Attorney General Reports · Apr 23, 1990

State Bd. of Equalization of California, 451 U.S. 648 (1981), they had considered it now established that, whatever the extent of a State's authority to exclude foreign corporations from doing business within its boundaries … Witsell, 334 U.S. 385 (1948), that "the privileges and immunities clause is not an absolute." Garcia, at 38.

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2004

This fact is important when discussing whether additional early voting polling places can be established as well in Marion and Newton Counties. … Again, the statutes relating to early voting do not clearly address the situation at hand.

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Florida Attorney General Reports · Oct 1, 1991

You also refer s. 119.07 (3)(n), F.S. (1990 Supp.), which establishes a narrow exemption for certain work product of agency attorneys. … While the investigation may lead to a criminal investigation, 8 the inquiry would not at this point appear to qualify either as criminal investigation of a specific act or omission or as intelligence gathering conducted with

Opinion No.

Arkansas Attorney General Reports · Apr 29, 2005

The commissioners' qualifications are established by law. A.C.A. § 14-88-301 (a). And clearly, both district commissioners and assessors exercise some part of the state's sovereign power. … This statute clearly applies to the MRID, which you report was formed in 1980.

Opinion No. (1983)

Nebraska Attorney General Reports · Apr 28, 1983

Limitations of the power granted and the standards by which the granted powers are to be administered must be clearly and definitely stated in the authorizing act. Id. … Granting to any corporation, association, or individual any special or exclusive privileges, immunity, or franchise whatever; . . .'

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Florida Attorney General Reports · Jan 23, 1992

Thus, the special act creating the district requires candidates to qualify in the primaries which, under the election laws of this state, is an election held for the purpose of nominating a party nominee to be voted for in … Government of City of Jacksonville, 225 So.2d 497 (Fla. 1969) (general act does not repeal or modify special act unless general act is complete revision of whole subject or unless the two acts are so irreconcilable as to clearly

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 20, 1993

Not all records concerning a public employee will automatically qualify as a personnel record. See Attorney General Opinions No. 91-50, 90-136 and 89-106. … We find no authority for the city to discretionarily close the settlement agreement, absent facts to establish personal privacy.