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Official Opinions


October 2006 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor



The Honorable Jean R. Jensen
Secretary, State Board of Elections

General registrar may not deny application for voter registration or cancel voter registration of member of armed forces of United States solely because service-member files certificate of legal residence listing his residence in another state pursuant to 50 U.S.C. app. § 571. General registrar may request documentation to confirm restoration of voting rights to person previously convicted of felony.

06‑066 The Honorable Ingrid H. Morroy
Arlington Co. Commissioner of Revenue
Distributions from IRAs, 401Ks, and similar retirement plans are considered income for purposes of determining eligibility for exemption or deferral of taxes on property.
06‑080 The Honorable Stephen D. Newman
Member, Senate of Virginia
Filing of site plan of develop-ment does not create vested property interest in land use classification; such filing does not preclude subsequent amendments to current zoning ordinance. Legal analysis is limited to issue of zoning; issues related to state and federal fair housing statutes are not addressed.
06-063 The Honorable H. Morgan Griffith
Member, House of Delegates

Virginia Freedom of Information Act, which prohibits use by incarcerated individuals, is not applicable to patients in state mental health institutions and individuals committed to Virginia Center for Behavioral Rehabilitation under Civil Commitment of Sexually Violent Predators Act.

06-070 The Honorable Octavia Johnson
Sheriff of the City of Roanoke

When requested by outside law enforcement agency, sheriff’s office personnel lawfully may inspect incoming and outgoing inmate mail to determine whether corres-pondence discusses, or is being used in furtherance of, criminal activities; personnel may censor discussions of criminal activities in such correspondence or any correspondence used in furtherance of criminal activities.

06-037 The Honorable John S. Reid
Member, House of Delegates

Optometry practice may not be conducted in kiosk type setting, medical doctor’s office, or other locations that require person to use same ‘common door’ to exit building or structure occupied by practice as that required to exit commercial or mercantile establishment onto exterior sidewalk or public way or into common areas of enclosed shopping mall. Section 54.1‑3205.1 does not limit or qualify § 54.1‑3205(D).

06-078 The Honorable Kenneth Cooper Alexander
Member, House of Delegates

Publicly funded animal shelters or “pounds” may not euthanize dogs based solely upon breed.

06-060 The Honorable Christopher K. Peace
Member, House of Delegates

Water authority created pursuant to Act is public body and municipal corporation, and funds it receives from rates and fees generally may be considered ‘public funds.’ Sovereign immunity applies to water authority’s governmental functions, may waive such immunity only when expressly authorized by statute. Immunity does not apply to proprietary functions. Water authority may make payments on claims related to its proprietary functions, but not claims related to its governmental functions.