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Official Opinions

 

July 2007 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

07-065 The Honorable Bill Janis
Member, House of Delegates

Locality may not impose restrictions on smoking that are more stringent than those authorized by Act; may not ban all smoking in restaurants.

07-038 Mr. Stuart E. Katz
City Attorney for Newport News
Creation and funding of limited liability company to manage investments for local government retirement system fund may be reasonable and appropriate exercise of governmental powers under Dillon Rule, provided such investments conform to standards of § 51.1‑803. Whether such company may own and manage real property outside of Virginia as acceptable investment is question of fact and not appropriate issue on which to render opinion.
07-036 Mr. Ronald S. Hallman
City of Chesapeake Attorney
Mayor of City of Chesapeake is elected member of Chesapeake City Council for purposes of calculating three-fourths majority vote required to sell public land, including when he abstains from voting or is absent during such vote.
07-029 The Honorable Kenneth T. Cuccinelli, II
Member, Senate of Virginia
Limited authority for City Council of City of Manassas to enact ordinance consistent with its charter, general statutory law, and constitutional jurisprudence, regulating abortion clinics, including one similar to health and safety provisions of Senate Bill 146. Whether other localities possess similar authority to adopt such ordinance depends on powers granted to localities by General Assembly. To survive constitutional challenge, such ordinance must be reasonable in scope, clearly define prohibited conduct, and not unduly burden decision-making process.