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Official Opinions

 

February 2002 Opinions

Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

01-067

The Honorable William D. Heatwole
Judge, General District Court for the Twenty-Fifth District

Advanced legal fees remain property of judgment debtor. Judgment creditor may garnish unearned advance fees paid by judgment debtor to attorney. Potential judgment creditor may attach such funds.
01-112

The Honorable Charles E. Poston
Judge, Fourth Judicial Circuit

Substitute judge may be designated to serve as district judge only when chief district judge has determined that another full-time district judge or retired judge is not reasonably available. Substitute judge not so appointed should not be called upon by hospital seeking judicial consent for medical treatment of minor.
01-124

The Honorable Judy S. Crook
Commissioner of the Revenue for Franklin County

Splitting off of smaller parcels from large tract does not make such tract ineligible for land use assessment and taxation. Question whether taxpayer made material misstatement of facts in revalidation application or that material change in facts has occurred is decision to be made by commissioner of revenue based on all relevant facts. Use of statutory procedures to correct erroneous assessments. No authority for local governing body to determine if property qualifies for special land use assessment and taxation in individual case.
02-002 The Honorable Robert G. Marshall
Member, House of Delegates
Records’ custodian has discretion to determine whether to release to minor’s parent library records for purpose of identifying books checked out by minor that are overdue.
02-016 The Honorable Paula N. Wyatt
Sheriff for the City of Hopewell
Local sheriff is not required to provide more than one deputy sheriff to general district court for courtroom security in absence of order stating that particular case presents substantial security risk.
01-098

The Honorable W.B. Keister
Member, House of Delegates

City of Radford may amend its Code to provide for $200 fine for violating portion of ordinance concerning permit parking.