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Official Opinions


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

Opinion # Requestor


03-087 Mr. William C. Shelton, Director
Department of Housing and Community Development
No requirement that State Fire Marshal perform, without compensation, preoccupancy inspections of capital projects owned by Virginia Commonwealth University Health System Authority. Requirement that Fire Marshal or his designee perform, without compensation, preoccupancy inspections of capital projects owned by Virginia Commonwealth University and leased under conventional lease to Authority.
 04-034 The Honorable David M. Hicks
Commonwealth’s Attorney for the City of Richmond
Witness who testifies or produces evidence pursuant to special grand jury subpoena is granted use/derivative use immunity; is not granted transactional immunity or immunity from future prosecution based on prior testimony.
04-040 The Honorable David F. Pugh
Judge, Seventh Judicial Circuit
Applicant for concealed handgun permit who is denied permit based on submission of incomplete application should not have his application dismissed with prejudice; may reapply by submitting complete application.
04-045 The Honorable Dale Muterspaugh
Sheriff for Alleghany County
Meaning of ‘primary law-enforcement agency’ and ‘jurisdiction’ as those terms relate to execution of emergency custody and temporary detention orders and transportation of patients pursuant to such orders.
04-049 The Honorable Gary W. Waters
Sheriff for the City of Portsmouth
No statutory time limit within which magistrate must grant bond for intoxicated individual charged with misdemeanor offense, such as driving under influence or public intoxication.
04-053 The Honorable Gary A. Reese
Member, House of Delegates
Fairfax and Arlington Counties may raise respective local cigarette taxes to amount not to exceed greater of 5¢ per pack of cigarettes or amount of state tax levied on cigarettes.
04-057 The Honorable Philip J. Kellam
Commissioner of the Revenue for the City of Virginia Beach
Federal government has exclusive jurisdiction over Interior and Exterior Posts of Fort Story. Neither Commonwealth nor any of its political subdivisions may impose property taxes on portion of military housing project to be built on leasehold interest or on Ground Lease interest located thereon. Leasehold interests are not subject to local taxation. Military Housing Privatization Initiative precludes local taxation of project’s Ground Lease interests.