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Official Opinions


August 2003

Please click on Opinion number to view entire opinion.

Opinion # Requestor



The Honorable John A. Rollison, III
Member, House of Delegates

Authority for public charter school to contract with local school board, institution of higher education, or third party for use of building and grounds owned by limited liability company in which participant in charter school application has ownership interest. No authority for Board of Education to grant waiver should proposed contractual arrangement or individual’s ownership interest in limited liability company violate Conflict of Interests Act.
03-043 Mr. John A. Rupp
City Attorney for the City of Richmond
Partial tax exemption for rehabilitation permitted where historic structure is demolished, provided person receiving exemption is not property owner responsible for demolition.
03-044 Mr. Leonard G. Cooke, Director
Dept. of Criminal Justice Services
Active-duty member of Armed Forces whose permanent duty station is located within Virginia, but who dwells in another state, is ‘resident’ of Commonwealth for purposes of purchasing firearm. Section 18.2-308.2:2 and regulations promulgated by Department of Criminal Justice Services are not in conflict with Federal Gun Control Act.
03-049 The Honorable William J. Howell
Speaker of the House of Delegates
Local property tax exemptions granted by General Assembly prior to January 1, 2003, either by designation or classification, are valid and are not repealed by ratified amendment to Article X, § 6(a)(6). Authority of General Assembly to repeal classification or designation tax exemptions granted prior to January 1, 2003.
03-059 The Honorable Judy L. Worthington
Clerk, Circuit Court of Chesterfield Co.
Circuit court clerks, under their statutory duty to establish system that satisfies statutory requirement for maintaining records, have discretion, but no obligation, to provide deputy clerk in courtroom during civil proceedings.
03-060 Mr. Donald D. Litten
Town Attorney for Town of Bridgewater
Industrial development authorities may enter into contracts with prospective borrowers that include provision to receive payment for loss of private activity bond allocation.