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Official Opinions


October 2002

Please click on Opinion number to view entire opinion.

Opinion # Requestor


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


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.