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Official Opinions


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

Opinion # Requestor



Mr. Darvin E. Satterwhite
County Attorney for Cumberland County

No authority for board of supervisors or circuit court to appoint temporary replacement for supervisor called to active military duty without having received notice from supervisor requesting appointment of temporary replacement member. Supervisor’s position is not vacant unless or until supervisor provides notice of his absence due to active military duty. No requirement to hold special election under facts presented.
04-002 The Honorable Judy S. Crook
Commissioner of the Revenue
   for Franklin County
Question whether family cemetery is being operated for profit, for purposes of tax exemption, is determination of fact to be made by local taxing official. Land dedicated for family cemetery is limited to 300 acres.

Mr. Donald D. Litten
County Attorney for Shenandoah County

Stepchild that has not been adopted by stepparent is not ‘offspring’ or ‘member of immediate family’ for purposes of family subdivision exception.

The Honorable E. Stuart Kitchen, Jr.
Sheriff for Sussex County

Jail inmate serving contempt sentence for failure to pay spousal or child support is entitled to sentence credits where confinement is imposed as punishment rather than in effort to coerce compliance with support order.

The Honorable Phillip P. Puckett
Member, Senate of Virginia

Authority for county board of supervisors to appoint tie breaker for county school board.
04-011 The Honorable Harry J. Parrish
Member, House of Delegates
School board may act as responsible public entity under Act. Authority of school board acting as responsible public entity to enter into comprehensive agreement only after receiving local governing body approval.
04-012 The Honorable Frank D. Hargrove, Sr.
Member, House of Delegates
Authority for juvenile court to order local board of social services to accept noncustodial entrustment of child found to be in need of services.
03-034 Mr. James E. Barnett
County Attorney for York County
Virginia courts have jurisdiction to issue and enforce orders pursuant to Juvenile and Domestic Relations District Law for child-protective services cases arising within boundaries of United States Naval Weapons Station. York-Poquoson Department of Social Services is obligated to provide child welfare services within the Naval Weapons Station, including removal and protective orders. Department and local courts shall apply Virginia’s current abuse and neglect law. Local courts may order social workers to enter Naval Weapons Station to perform home studies and conduct investigations regarding allegations of abuse, neglect, or delinquency. Any enforcement measures, however, must comply with security requirements of Naval Weapons Station.