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Official Opinions


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

Opinion # Requestor




The Honorable William J. Howell
Speaker, House of Delegates


For purposes of social services, ‘foster care placement’ does not apply to Kidsave International Summer Miracles program. No opinion whether Kidsave may need to be licensed on other basis.



The Honorable Robert Hurt
Member, House of Delegates


Defense objections to suppress evidence, based on violations of certain constitutional rights or unconstitutional statutes, to be raised before trial are applicable only to proceedings in circuit courts.
05-023 The Honorable Kathy J. Byron
Member, House of Delegates


Authority for local governing bodies to create service district to construct, maintain, and operate facilities and equipment required to, and to employ and fix compensation of technical, clerical, or other force to, test water, remove debris, control weeds, and maintain navigational aids on Smith Mountain Lake. No authority for board of supervisors of one county to adopt ordinance to form service district that encompasses portion of other counties. Properties within service district may be assessed fixed dollar amount for local improvements; such assessments may not be in excess of peculiar benefits resulting from improvements to owner’s property within district. Service district may not be loosely described and must have well-defined geographical boundary, not general description. Local government may only exclude section, district, or zone that is specifically identified within service district.
05-024 The Honorable Allen L. Louderback
Member, House of Delegates


Governor must consent to acquisition of Zirkle Mill by Frontier Culture Museum. American Frontier Culture Foundation, Inc., may acquire, deconstruct, and remove Mill without such consent. Governor must approve reconstruction of Mill on Museum property owned by Commonwealth.



The Honorable Gordon E. Hannett
Floyd County Commonwealth’s Attorney


Commonwealth’s attorney is not required to relinquish his office when involuntarily recalled to active military duty. Commonwealth’s attorney has sole discretion to appoint assistant to perform duties of his office during such absence. Should Commonwealth’s attorney resign and circuit court appoint acting Commonwealth’s attorney, such attorney may act in place of and otherwise perform duties and exercise powers of regular Commonwealth’s attorney.