October 2002 |
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| Opinion # | Requestor | Summary |
| 02-052 | Mr. W. Leslie Kilduff, Jr., County Attorney for Northumberland Co. |
Amendments to Chesapeake Bay Preservation Area Designation and Management Regulations, allowing encroachments into 100-buffer areas for agricultural and silvicultural activities conducted in accordance with best management practices related to improving water quality and protecting Chesapeake Bay and its tributaries, do not violate Equal Protection Clause of U.S. Constitution. Such practices. |
| 02-076 | The Honorable Michael P. McWeeny Judge, Nineteenth Judicial Circuit of Virginia |
Circuit court clerk may not accept and hold equity interest in Virginia stock corporation operated by commissioner of accounts, subject to direction of court, when transfer is not part of case or controversy properly before court, without improperly assuming legislative function. |
| 02-082 | The Honorable Marsha L. Garst Commonwealth’s Attorney for the City of Harrisonburg |
Law-enforcement officer conducting lawful stop to investigate alleged criminal activity may not arrest for obstruction of justice suspect who refuses to identify himself to officer. Depending on circumstances, suspect may be detained for purpose of determining his identity. |
| 02-085 | The Honorable Charles L. Campbell Commissioner of the Revenue for Page County |
Authority for local governing body to increase minimum acreage for land classified for open-space use for purpose of special land use taxation; no statutory authority for such increase for land classified for agricultural, horticultural or forest use. |
| 02-091 | The Honorable Molly Joseph Ward Treasurer for the City of Hampton Mr. A. Paul Burton City Attorney for the City of Hampton
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Amended ordinance establishing Elizabeth Lake Estates Service District does not specify Elizabeth Lake Estates Civic Association as entity to develop plan for services to be rendered in service district, receive funds, or provide services; provides for tax levy to be set annually as part of budget process with other tax rates. Amended ordinance does not create long-term unconditional debt obligation, in violation of Constitution, and does not delegate legislative authority of city council. |
| 02-102 | The Honorable J. Dean Lewis Judge, Fifteenth District Juvenile and Domestic Relations Court |
Statutory authorization for juvenile court to dispose of charges of unlawful possession of alcohol by juveniles. |