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Official Opinions

 

June 2010 Opinions
Please click on Opinion number to view entire opinion.

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  Official opinions do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general.  

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505).  A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

 

Opinion # Requestor Summary
10-054

The Honorable L. Louise Lucas
Member, Senate of Virginia

The Honorable Frederick M. Quayle
Member, Senate of Virginia

Upcoming recall election is governed by the City Charter rather than a recently amended state statute.
10-035 Mr. Bradley C. Lambert
Chairman, Virginia Gas & Oil Board
Recent statutory changes from the General Assembly have not authorized the Gas and Oil Board to adjudicate property rights. 
10-017 The Honorable G. Glenn Oder
Member, House of Delegates
Local governing bodies have the authority to classify, by local zoning ordinances, payday loan businesses as a special exception or special permit use