Case law

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2011

The focus in locating such organizations in terms of the constitutional proscription is on whether they qualify as "public" institutions. … As established in McCutchen , 14 it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified

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Florida Attorney General Reports · Nov 7, 2007

Section 8, Chapter 2005-300 , Laws of Florida, establishes strict low bid criteria for the award of contracts with the Sebring Airport Authority. … For those situations involving contracts for professional services, this provision would clearly conflict with the CCNA's requirement that an agency competitively select and negotiate with the most qualified firm to provide

Opinion No. (2002)

Nebraska Attorney General Reports · Feb 6, 2002

Rebuffing a challenge to the 1969 law which imposed the requirement, the court said, "It is clearly reasonable to require testing as to the fitness and ability of a person to perform the duties of the particular public office … Nothing was said about the bill establishing requirements for preserving or renewing assessor's certificates.

Opinion No.

Arkansas Attorney General Reports · May 28, 1993

Even though the circuit judge determined that these materials qualified as personnel records, he ordered their release after concluding that their disclosure would not constitute a clearly unwarranted invasion of personal … longer contains a generally applicable privacy exemption, the supreme court has recognized a constitutional right to `disclosural privacy' which, under certain circumstances, outweighs the right of access to public records established

Opinion No. (1985)

Missouri Attorney General Reports · Apr 2, 1985

Under the IOLTA program the Foundation clearly holds the sole and entire beneficial right and interest in all of the income that may be earned on IOLTA accounts. … We understand that Missouri's IOLTA program established by amended Rule 4, DR 9-102 is very similar to programs already established or proposed in a large number of other states.

Opinion No.

Arkansas Attorney General Reports · Feb 28, 2000

I do not know, for instance, whether the developer attempted in the plats or any original bill of assurances to qualify the extent of the conveyed easement. … not indicated and I will not speculate who owns fee title to the dedicated property, but, assuming the property was platted and sold subject to an unrestricted easement, the public, as incarnated in the city government, clearly

Maryland Attorney General Opinion 108OAG21

Maryland Attorney General Reports · May 15, 2023

qualified disability expenses (in the case of ABLE). … These considerations, in our view, establish that the General Assembly did not so intend. 1.

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Florida Attorney General Reports · Apr 6, 1976

firefighters and firefighter recruits, and the issuance of certificates of competency to persons who, by reason of experience and completion of basic inservice training, advanced education, or specialized training, are especially qualified … "full-time professional firefighter(s)" as contemplated by s. 633.30 (1), as these individuals have yet to satisfactorily complete the training program and receive a certificate of compliance from the division, which is clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1991

Id The county clerk must provide a petition to qualified voters under the following circumstances: If 10 or more qualified voters of any county, justice precinct, or incorporated city or town … Where the boundaries of the former justice of the peace precinct are clearly defined by public records, the county commissioners have no discretion to define the boundaries differently for purposes of a local option election

Opinion No.

Arkansas Attorney General Reports · Mar 30, 2004

RESPONSE If by "deed this property" you mean "donate," I believe the answer to this question is clearly "no." Ark. Const. art. 12 , § 5 . … Helena-West Helena Industrial Development Corp., 226 Ark. 620 , 625-26 , 291 S.W.2d 802 (1956) "establishes beyond all question that a municipality cannot contribute to a private, nonprofit corporation regardless of whether

Opn. No.

New York Attorney General Reports · Mar 31, 1976

Vehicle and Traffic Law, § 1672 , provides: "Any county not wholly included within a city may by local law establish a traffic safety board for such county." … Said form of government, which was approved by the qualified electors of said County at the general election of 1937, was "in addition to any other alternate form or forms of government heretofore and hereafter provided by

Opinion No.

Arkansas Attorney General Reports · Mar 15, 2005

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

Opinion No.

Texas Attorney General Reports · Dec 31, 1984

If it is clearly stated in the bond election proposition submitted to the voters and is clearly for legitimate needs and purposes of the road district, may bond funds be spent on roads needed for ingress and egress to the … ESTABLISHMENT OF ROAD DISTRICTS.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1944

In Texas it is a well settled and elementary principle of law that counties have no powers or duties except those which are clearly set forth and defined in the Constitution and statutes, or necessarily implied therefrom. … The establishment, main- tenance and support of a county library is a part of the general administra- tive purposes of the county.

Opinion No.

Arkansas Attorney General Reports · Jan 23, 1990

bonds, levy the tax for no longer than twenty-four (24) months, and appropriate the resulting revenues, subject to the Arkansas Constitution, Article 12 , Section 4 , paragraphs 2 through 4 , provided: (1) A majority of the qualified … The statute above seems to clearly contemplate that the money collected from the sales tax be distributed either to the county or the municipality, "as the case may be", but not to each per capita.

Opinion No. Oag 40-78, (1978)

67 Op. Att'y Gen. 169 · Wisconsin Attorney General Reports · Jun 1, 1978

Although a register in probate clearly qualifies under this dictionary definition of employe, it is equally clear that a register in probate enjoys a status different from the status associated generally with the ordinary … The leading case in Wisconsin establishing criteria to determine whether one is a public officer or an employe is Martin v. Smith , 239 Wis. 314 , 1 N.W.2d 163 (1941).

Opinion No.

Arkansas Attorney General Reports · Jan 24, 2001

However, A.C.A. § 17-38-304 (f) clearly establishes that a full-term, formal apprenticeship is not an invariable condition precedent to one's applying to become a journeyman plumber: The Committee of Plumbing Examiners shall … To my mind, these provisions verge on flatly contradicting those of A.C.A. §§ 17-38-304 (d) and (f) on a matter totally apart from the question of whether the SPAC or the SCPE may determine who is qualified to apply for a

Informal Opinion No.

New York Attorney General Reports · Nov 30, 1983

The plaintiff, of course, is responsible for the expense of service whether made by an enforcement officer or by another person qualified to serve process (see, id., § 1911[b]) and, where he prevails, or where costs are awarded … These provisions clearly establish the plaintiff's responsibility for service of process once the clerk has transmitted the papers for service.

Opinion Number

Louisiana Attorney General Reports · Feb 1, 2011

The provisions of this Subsection shall apply only to a cemetery established after June 21, 2008. § 305. … makes a distinction between scattering within and outside of dedicated cemeteries, the latter not qualifying as "interment" under Louisiana law.

Attorney General Opinion No.

Kansas Attorney General Reports · Jul 15, 1999

intent can be ascertained from the statute; where the language used is plain and unambiguous and also appropriate to the obvious purpose of the law, the courts should follow the intent as expressed by the words used. 2 Clearly … If, within 30 days of the final publication of the resolution seeking to impose a countywide retailers' sales tax, a petition signed by the requisite number of qualified electors in Shawnee County is filed to bring the question