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Official Opinions


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

Opinion # Requestor


 04-030 The Honorable Janet D. Howell
Member, Senate of Virginia

The Honorable Linda T. Puller
Member, Senate of Virginia

The Honorable Mary Margaret Whipple
Member, Senate of Virginia

Homeless residents of Commonwealth may register to vote in locality of Commonwealth, so long as they intend to remain in that locality for unlimited period of time.
04-025 The Honorable Hayden H. Horney
Clerk, Wythe County Circuit Court
Assets not part of probate estate are not subject to probate tax, even if assets are included in calculation of augmented estate.
04-021 The Honorable Harvey L. Bryant
Commonwealth’s Attorney
for the City of Virginia Beach
Disclosure by telephone company employees of contents of intercepted telephone conversations to law-enforcement officers and in testimony at criminal trial for offense of fraudulently obtaining or using telephone service.
04-019 Mr. John R. Roberts
County Attorney for Loudoun County
Amendment by county board of supervisors of zoning designation of property rezoned by prior board to more intensive use; repeal of ordinance adopted by prior board authorizing tax exemption by designation. Vested rights of property owner in prior zoning.
04-017 Mr. J. Thompson Shrader
County Attorney for Amherst County
Exemption from regulation as public dance hall only applies to restaurants in cities; no exemption for restaurants located in counties or towns regardless of size of dance floor. Restaurant that provides musical entertainment and meaningfully enforces prohibition against dancing is not subject to regulation as public dance hall. Attorney General declines to render opinion regarding local dance floor ordinance.
04-014 The Honorable Phillip P. Puckett
Member, Senate of Virginia
Authority for county to include variance procedure in its subdivision ordinance.
04-008 The Honorable Rossie D. Alston, Jr.
Judge, Thirty-First Judicial Circuit of Virginia
No authority for circuit court to waive order of reference with respect to children from foreign country involved in agency placement adoption proceeding.