Case law

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. (1997)

Nebraska Attorney General Reports · Mar 12, 1997

Granting to any corporation, association, or individual any special or exclusive privileges, immunity, or franchise whatever. . . . … We cannot clearly conclude that such expenditures have no valid "public purpose."

Opn. No.

New York Attorney General Reports · Aug 10, 2005

New York Guard You have explained that the New York Guard was established in 1917, during World War I, by order of the Governor. … The discussion of the amendment clearly indicates that it was not intended to apply to officers in the state militia.

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 21, 1995

There is no question that Kansas state university, under the control of the Kansas board of regents, is a state institution and thereby qualifies as a governmental entity. K.S.A. 1994 Supp. 76-711 (a); Brown v. … Clearly, an entity that has sovereign powers or is legislatively granted governmental status for purposes of the act is covered by the act. See Dougan v. Rossville Drainage District , 24 Kan. 315 , 318 (1988).

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.

Opinion No.

Arkansas Attorney General Reports · Jan 10, 1991

Because the ATRS did not have personnel qualified to manage the complex, it retained the services of a local property management firm. Your three questions relating to these facts are as follows: 1. … It is my opinion that the answer to your first question is clearly "yes".

Maryland Attorney General Opinion 100OAG003

Maryland Attorney General Reports · Feb 27, 2015

DNR could also authorize its officers to conduct checkpoint inspections for AIS, so long as DNR establishes procedures that clearly define the circumstances under which checkpoints may be set up. … Consequently, the permissibility of a vessel search and seizure would depend on whether it qualifies under one of the “‘few specifically established and well-delineated exceptions’ to the search warrant requirement.”

Opinion Number

Louisiana Attorney General Reports · Mar 25, 2004

Harris: This office is in receipt of your request for an Attorney General's opinion, on behalf of the City of Denham Springs, regarding a proposal to establish individual Flexible Medical Spending Account plans, qualified … As you are clearly aware, La. Const. Art.

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.

Ago

Florida Attorney General Reports · Oct 4, 2011

Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the … The word "must" generally does not allow for any choice when used in a statute and denotes compulsion, obligation, or requirement. 9 The general rule is that where language is unambiguous, the clearly expressed intent must

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1963

there.is no express statutory autnorlty for nolaing tnese electlons Jointly, it Is well established that they may ,lawfull be .held at-the same ,tlme and place, Att'y Gen. Ops. … The publla.pol$cy of the State, as declared by the Legislature, clearly does not forbid use of a ballot form which permits exposure of~the’uncontested portion of the ballot lngeneral.and primary elections.

Ago

Florida Attorney General Reports · Feb 21, 1996

It is a fundamental rule of statutory construction that where the language of a statute is unambiguous, the clearly expressed intent must be given effect. 4 Under the plain and unambiguous terms of section 112.048 (2)(a), … The commissioner, therefore, does not qualify under the plain language of section 112.048 , Florida Statutes, for retirement benefits since his break in service exceeded six months.

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

Opinion No. (1985)

Missouri Attorney General Reports · Dec 31, 1985

That character is revealed in the statutory and related rule provisions establishing the licensing and regulation of those entities. … It is not appropriate for this office to issue official opinions on whether certain immunities or defenses would be available in litigation.

Opinion Number

Louisiana Attorney General Reports · Jun 14, 1999

Joseph Seminary College would apply for membership in LAICU, and in the event that said membership would be accepted, would qualified students be able to receive the Tuition for Opportunity Program (TOPS) scholarships or … 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 .

Opinion No.

Arkansas Attorney General Reports · Sep 9, 2004

In my opinion, an alderman would clearly qualify as a "public servant" subject to this statute. … It is an established maxim that penal provisions are strictly construed and that "[n]othing will be taken as intended which is not clearly expressed and all doubts must be resolved in favor of the defendant." Bennett v.

Opinion No.

Texas Attorney General Reports · Sep 20, 2001

. § 172.004 (Vernon 1999) (county may establish a risk pool to provide health coverage for county officers, employees, retirees, and their dependants). … -Houston [14th Dist.], 1994 writ denied) (to prove affirmative defense of qualified official immunity, deputy constables had to establish, among other things, that they were on-duty at time of alleged assault).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1979

Service shall be established for retirement purposes upon payment in a lump sum of all applicable contributions, interest, and fees. … While the Maryland case is not directly in point regarding employment benefits such as retirement or longevity, it clearly points out that, at the time of the decision, National Guard personnel were to be regarded as employees

Maryland Attorney General Opinion 100OAG120

Maryland Attorney General Reports · Oct 21, 2015

The language the Department emphasizes is clearly the language of requirement and, as applied to the Department, it operates as such. … Where the requirement clearly meets and is simply more stringent than a corresponding State requirement, the answer is no and the inquiry ends there.

Opinion Number

Louisiana Attorney General Reports · Jul 26, 1994

It is the opinion of this office that Section 1927(C) clearly provides that the recapture of premium tax credits taken by investors (i.e., Insurco) are due and payable by the CAPCO and other investors (i.e., Insurco) according … We have recognized that "rights once legally established cannot be divested by the repeal of the law authorizing their creation . . .