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Official Opinions


February 2004
Please click on Opinion number to view entire opinion.

Opinion # Requestor


03-101 The Honorable Charles V. Mason
Clerk, Circuit Court of King George Co.
Circuit court clerk is not required to produce records from electronic database in tangible medium that is not used in regular course of business. If clerk has ability to produce requested information in proper medium and format, charge for reproduction must be reasonable and should not exceed actual costs incurred.
03-107 The Honorable Vincent F. Callahan, Jr.
Member, House of Delegates
Members’ petition for special meeting of board of directors of property owners’ association is not ‘communication’ requiring board to provide reasonable, effective, and free method of exchange with other owners.
03-113 The Honorable Ross A. Mugler
Commissioner of the Revenue
    for the City of Hampton
Determination of ‘date of assessment’ for purposes of tangible personal property taxation. Authority for taxpayer to seek judicial correction of tax assessment within 1 year of final determination by commissioner of revenue. Duty of commissioner to initiate judicial correction of tax assessment determined to be improper or obvious error.
03-114 The Honorable George N. Fulk
Commissioner of the Revenue
   for Accomack County
Display of commercial advertising sign on passenger vehicle for more than 50% of time does not alone disqualify vehicle from relief under Act. Determination is question of fact for local taxing official.
03-115 Mr. William C. Shelton
Director, Department of Housing
   and Community Development
State-owned vehicular tunnels and other transportation-related structures, regardless of age, are subject to Statewide Fire Prevention Code provisions applicable to structures.
03-121 The Honorable Whittington W. Clement
Secretary of Transportation
Question whether particular transportation facility constructed on Metropolitan Washington Airports Authority’s property is in or near Dulles Corridor is factual determination to be resolved by Commonwealth Transportation Board.
03-125 The Honorable William G. Petty
Commonwealth’s Attorney
   for the City of Lynchburg
USBC regulations incorporating copyrighted model codes by reference represent enforceable law; are not unconstitutionally vague.