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Official Opinions


November 2001 Opinion Index
Please click Opinion number to view entire opinion.

Opinion #



01-122 The Honorable Walter A. Stosch
Member, Senate of Virginia
Bank or savings institution may impose returned check processing charge in such amount as agreed, in writing, by borrower, regardless of statutory limitations on returned check processing charges in context of civil actions seeking recovery for such charges.
00-087 Mr. Michael D. Clower
Executive Director, Chesapeake Bay Local Assistance Department
Chesapeake Bay Local Assistance Board has authority to intervene in, institute or take legal and administrative actions on its own or on behalf of person who believes Tidewater Virginia jurisdiction is disregarding its zoning ordinances or misinterpreting Board criteria designed to protect quality of state waters within designated preservation areas, and to ensure compliance with Act and Board regulations. Act does not authorize Executive Director of Chesapeake Bay Local Assistance Department or Board to issue cease and desist order to locality that is violating Act and request Attorney General to seek injunction against locality that violates order.
01-071 The Honorable Marilyn L. Wilson
Clerk, Circuit Court of Amelia Co.

The Honorable John T. Frey
Clerk, Circuit Court of Fairfax Co.


Requirement that circuit court clerk charge, according to number of pages or sheets, (1) for recording document without plat, incrementally prescribed fee plus $1 fee for admitting writing to record; and (2) for recording document in conjunction with plat, incrementally prescribed fee for document, and same fee for plat plus $1 fee for admitting writing to record. Clerk must charge single fee prescribed for recording certificate of satisfaction releasing original deed of trust and any modifications to original deed, plus $1 fee required for admitting writing to record.
01-089 The Honorable Kenneth W. Stolle
Member, Senate of Virginia
Law-enforcement officer conducting search as conservator of peace with special police powers acts in law-enforcement capacity seeking evidence of crime and must meet standard of probable cause of arrest to justify search. School searches conducted by school safety officer as school official must be reasonably based on individualized suspicion of wrongdoing; searches conducted by school safety officer as conservator of peace must be assessed in terms of probable cause.
01-057 The Honorable Thomas M. Moncure Jr.
Clerk, Circuit Court of Stafford Co.
No requirement that circuit court clerk investigate proof of facially valid ordination or certificate to determine authenticity of given religious society or denomination. Clerk has discretionary authority to make order authorizing minister to celebrate rites of matrimony.
01-081 The Honorable S. Chris Jones
Member, House of Delegates
Decision by State Board of Elections that candidate’s campaign committee may pay for expenses of campaign only with check drawn on campaign depository and paid directly to vendor providing service is entitled to great weight. No authority for staff member of candidate’s campaign committee to pay for office supplies with personal credit card and to be reimbursed by check drawn on campaign depository for amount of purchase.
01-117 The Honorable Martin E. Williams
Member, Senate of Virginia
State Building Code supersedes design elements in Suffolk city ordinance requiring use of specific building materials and finishes in construction of all buildings.
01-106 The Honorable Sharon M. McDonald
Commissioner of the Revenue for the City of Norfolk
Commonwealth and its instrumentalities, including Norfolk State University, are not subject to duty of collecting local admissions tax charged for attendance at classified public and private events. Ordinance purporting to impose duty on Commonwealth or its instrumentalities to collect admissions tax is ultra vires.
01-083 The Honorable Raymond Lee Richards
Commissioner of the Revenue for the City of Charlottesville
Motor vehicle owned by serviceman domiciled in Virginia and parked or garaged in Germany is not subject to local tangible personal property taxation.