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Official Opinions

 

September 2009 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

09-058 Thomas J. McCarthy, Jr., Esq.
Pulaski County Attorney

Section 15.2‑4901, as it relates to subsidized single family housing facilities, is applicable to Industrial Development Authority of Pulaski County.

09-045 The Honorable V. Thomas Forehand, Jr.
Chief Judge, First Judicial Circuit of Virginia

Juvenile court order pursuant to § 16.1‑269.1(A) immediately divests juvenile court of juris-diction and such juvenile may be moved from the juvenile detention facility to local correctional facility any time after entry of such order by juvenile court, unless execution of order is suspended pending appeal.

09-040 C. Eric Young, Esq.
Tazewell County Attorney

County treasurer may not refund payments erroneously made to towns under § 58.1‑605(H) pursuant to § 58.1‑605(F); distri-butions to town based on incorrect school census data does not constitute ‘error made in any such payment’ under § 58.1‑605(F). Section 58.1‑3133(A) permits treasurer to deduct overpayments as ‘other charges’ to recoup those amounts.

09-035 James E. Barnett, Esq.
York County Attorney

Authority under §§ 10.1‑603.7(A) and 15.2‑924.1(A) for Virginia locality to adopt ordinance regulating or prohibiting use or application of fertilizers within its jurisdictional boundaries provided locality makes factual findings required by § 10.1‑603.7(A) and determines that ordinance is necessary to prevent further degrada-tion to water resources or to address specific existing water pollution. Locality must comply with public hearing procedures required by § 10.1‑603.7(A).

09-034 The Honorable John S. Edwards
Member, Senate of Virginia

General Assembly has designated Board of Counseling as responsi-ble agency to interpret licensure requirements for persons employed by community-based citizen groups or organizations.