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Official Opinions


April 2005 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor




The Honorable M. Kirkland Cox
Member, House of Delegates


No authority for city or town to enact ordinances imposing civil or criminal penalty against parent for providing false residential information to enroll child in local school system and requiring parent to pay tuition or educational costs for such child. General Assembly may enact such enabling authority for city or town. Authority for local school system to adopt policy holding parent liable for tuition or educational costs for nonresident child.
04-095 Ms. Melissa Ann Dowd
Highland County Attorney


No authority for county to receive payment of service fee in lieu of property and other taxes unless entity is tax-exempt. County may only negotiate arrangement pursuant to Electric Authorities Act for defined ‘authority.’ No authority for county to arrange continuous stream of payments in lieu of local taxes from commercial entity; no arrangement for General Assembly to modify or abrogate.
05-003 The Honorable Barbara O. Carraway, C.P.A.
Treasurer for City of Chesapeake


Locality eliminating physical decal by entering into agreement with Commissioner of Department of Motor Vehicles where Commissioner refuses to issue or renew vehicle registration of any applicant owing local license fees may carry forward unpaid decal fee and collect it in subsequent years; such collection is subject to limitation of five years from December 31st of tax year for which assessment is made.



The Honorable George S. Webb, III
Commonwealth’s Attorney for Madison County


Authority for officer to execute misdemeanor capias, not in his possession, provided that officer informs accused of existence of, and charges contained in, capias and delivers same to accused as soon as practicable.
05-030 The Honorable Terry G. Kilgore
Member, House of Delegates


No violation of Act for current member of General Assembly to act as attorney for or represent clients for compensation before executive agencies of Commonwealth in administrative law proceedings or legal matters.