June 2001 Opinions
Please click on Opinion number to view entire opinion.
| Opinion # | Requestor |
Summary |
| 01-050 | The Honorable R. Steven Landes Member, House of Delegates |
Response to question whether Right to Farm Act supersedes
local zoning ordinance and permits use of aircraft in surveillance of crops, livestock and
property and to pick up repair parts and supplies is inconclusive. |
| 01-041 | The Honorable Robert H. Brink Member, House of Delegates |
Classified state employee, serving at deputy director level
at state governmental agency within executive branch, may seek election to and serve in
General Assembly, assuming he exercises no function in connection with federally financed
activity, in violation of Hatch Political Activity Act. |
| 01-052 | The Honorable Johnny S. Joannou Member, House of Delegates |
Attorney General declines to render opinion:
(1) whether ordinance delegating authority to architectural review board to determine
historical significance of vacant parochial school building for purposes of demolition by
church is invalid on its face; such function is properly left to local authority
responsible for adoption and enforcement of ordinance; (2) whether decision of
architectural review board places substantial burden on religious exercise of church; such
decision requires analysis of facts and circumstances rather than interpretation of law;
(3) whether review board’s denial of church’s permit application
constitutes unconstitutional ‘taking.’ Department of Historic Resources is
appropriate agency to determine whether building located in historic district and labeled
‘ruin’ may be removed. |
| 01-013 | The Honorable Edward DeJ. Berry Judge, Juvenile and Domestic Relations District Court |
Fingerprints of juveniles may be taken only when juvenile is
taken into custody. Juvenile who has been issued summons by law-enforcement officer for
possession of marijuana and is not taken into custody may not be fingerprinted. |
| 01-001 | The Honorable Matthew J. Britton Commonwealth’s Attorney for King George County |
Victims’ Services Section of Department of Criminal
Justice Services, rather than Attorney General, is appropriate agency to determine what
constitutes special circumstances dictating course of action other than arrest in matters
involving family violence. |
| 01-045 | The Honorable Joe T. May Member, House of Delegates |
Jurisdiction of Purcellville Police Department to patrol and
enforce laws of Commonwealth may not be extended from 300-yard restriction to 1 mile
beyond corporate limits of town. |
| 01-025 | The Honorable H. Russell Potts Jr. Member, Senate of Virginia |
Discretionary authority of local law-enforcement authorities
to share with public schools officials information concerning any offense committed by
student(s) off school property on school bus, school property, or at school-sponsored
activity that would be criminal offense if committed by adult. |
| 01-063 | The Honorable Kenneth W. Stolle Member, Senate of Virginia |
Emergency Medical Treatment Act does not preempt or conflict
with statutes governing Commonwealth’s involuntary commitment process for mentally
ill adults in need of hospitalization. Act complements process by providing court with
authority to place individual at any hospital with emergency room departments that execute
Medicare provider agreements. Organizations affected by Emergency Medical Treatment Act
and Virginia laws governing involuntary commitment process must comply with requirements
of both laws; should develop annual written agreements with community services boards to
reach satisfactory arrangements for provision of qualified examiners to perform evaluation
services. |
| 01-022 | The Honorable Roy F. Evans Jr. Commonwealth’s Attorney for Smyth County |
1995 resolution establishing Southwest Virginia Community
Corrections Program, and providing for Southwest Virginia Community Criminal Justice Board
to select consenting participating city or county to act as administrator and fiscal agent
for funds awarded to implement local community-based probation programs and services, does
not comply with statutory requirement that governing authorities of participating
localities select administrator and fiscal agent. |
| 01-051 | The Honorable John J. Welch III Member, House of Delegates |
Chiropractors may lawfully provide physical therapy
modalities as part of treatment program for patients and, therefore, practice physical
therapy. |
| 01-006 | The Honorable Albert Teich Jr. Clerk, Circuit Court of the City of Norfolk |
Authority of Virginia limited liability company to serve as
trustee in deed of trust on real property. |
| 01-054 | The Honorable Terry G. Kilgore Member, House of Delegates |
Commissioner of revenue is proper official to determine
whether rental property owned by town is exempt from real estate taxation. |