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Official Opinions

 

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

Opinion # Requestor

Summary

07-025 Mr. C. Dean Foster, Jr.
Scott County Attorney
Individual notice require-ment is applicable to initial zoning ordinance that imposes regulations which decrease allowed dwelling density.
07-012 The Honorable Christopher A. Corbett
Commonwealth's Attorney for Patrick County

Retired U.S. Army counter-intelligence special agents meet definition of ‘qualified retired law enforcement officer’ for purposes of § 926C(c)(2) of Law Enforcement Officers Safety Act of 2004; whether remaining requirements of Act are satisfied is determination of fact and not question of law

07-021 The Honorable Frederick M. Quayle
Member, Senate of Virginia
Southeastern Public Service Authority of Virginia may elect not to submit proposed amendment to Department of Environmental Quality that is not necessary or does not conform to Regional Solid Waste Management Plan for Southeastern Virginia. Authority is not entitled to charge fee for services related to processing and reviewing proposed Regional Plan amendment and cannot obtain reimbursement from Department for costs and time devoted to review associated environmental permit.
06-093 The Honorable Harry M. Durham
Interim Director
Department of Charitable Gaming
Definition of ‘instant bingo’ and ‘pull tabs’ does not authorize use of electronic devices that display facsimiles of instant bingo cards or pull tabs; games may not be played using equipment that merely dispenses receipt showing amount of winnings due to player upon completion of game.
07-020 The Honorable Clarence E. "Bud" Phillips
Member, House of Delegates
Procurement and Conflict Acts do not apply to Breaks Interstate Park Commission or its members. In exercising public mission, Commission should adopt appropriate rules or measures to preserve and promote public confidence in its operations and guard against circumstances that create appearance or actual occurrence of impropriety.
07-019 The Honorable Anthony N. Sylvester
Commonwealth's Attorney for the City of Hopewell

Nondisclosure provisions of § 32.1‑283.2(D) apply to information acquired by physician solely in capacity as member of local or regional child fatality review team.

07-018 The Honorable John T. Casteen, III
President, University of Virginia
Authority for University of Virginia to provide recreational gym membership to adult living in household of employee or student.
07-014 The Honorable L. Scott Lingamfelter
Member, House of Delegates
Federally regulated financial institution holding note and mortgage purchased for value and state-regulated financial institution that was maker of note may assess and charge two percent prepayment penalty when borrower voluntarily pays down balance of loan, with initial principal amount exceeding $75,000, that secured property owned in whole or part by borrower.
07-011 The Honorable L. Scott Lingamfelter
Member, House of Delegates
Constitutional amendment is necessary to provide 100% homestead exemption for veterans who are 100% permanently and totally disabled and who do not meet income and financial worth limitations required by Article X, § 6(b) of Constitution of Virginia.
07-009 The Honorable William J. Howell
Speaker, House of Delegates

Local building official’s demolition authority regarding unsafe structures supersedes and overrides demolition authority of historic district review board where structure located in historic district is unsafe or unfit for human occupancy.

07-015 The Honorable Frank D. Hargrove, Sr.
Member, House of Delegates

Juvenile and domestic relations district courts have original, exclusive jurisdiction to determine custody matters. Court may award custody to nonparent when clear and convincing evidence shows that such determination is in best interests of child. Categories in § 22.1‑3 regarding determination of residence in school district are not exclusive. School district may not refuse to provide free education to bona fide resident of school division based solely on such categories.