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Official Opinions

 

July 2008 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

08-048 The Honorable Lynwood W. Lewis, Jr.
Member, House of Delegates
Authority for Department of Health to require submission of survey plat with application for private well construction permit.
08-028 The Honorable Thomas D. Jones
Sheriff, Charlotte County
No authority for municipality with police charter and police force to enter into agreement with another municipality that does not have such charter or force. Absent agreement, authority for officer to operate outside his jurisdiction is limited by § 19.2‑250. No authority to transfer fines between jurisdictions.
08-013

David P. Bobzien, Esq.
Fairfax County Attorney

No prohibition against posting of political campaign signs within state rights-of-way. Fairfax County may enter into agreement with Commonwealth Transporta-tion Commissioner to enforce prohibition. Signs and advertising supporting individual’s candidacy for elected public office or other ballot issues are not subject to such agreement, unless they remain in place more than three days after election to which they apply.
08-034 The Honorable Dan C. Bowling
Member, House of Delegates

When circumstances change, school board may revisit decision regarding consolida-tion of schools based on changed circumstances; unless amending or abandoning consolidation contributes to efficiency of school division, it is not proper factor for school board’s analysis. Whether planned consolidation or amendment or abandonment thereof contributes to school division efficiency is factual determination.