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Official Opinions



March 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
10-021 The Honorable Danny W. Marshall, III
Member, House of Delegates
Constitution must be amended prior to enactment of any bill that would require ‘super majority’ vote to lift moratorium on uranium mining.
10-013 The Honorable Frederick M. Quayle
Member, Senate of Virginia
Distinction in age for eligibility for annual allowance under Virginia Law Officers Retirement System and State Police Officers’ Retirement System does not constitute impermissible age discrimination.
10-003 The Honorable M. Kirkland Cox
Member, House of Delegates
General Assembly has not authorized city to conduct more than one general reassessment of real property in any one year. Taxpayer may be required to pay higher corrected assessment in some limited circumstances.
10-016 The Honorable Jackson H. Miller
Member, House of Delegates
Local school board may not charge fee for transportation of students enrolled in specialty program located outside boundaries of student’s base school.
10-009 The Honorable Thomas A. "Tag" Greason
Member, House of Delegates
Private entity leasing government property for event generally may regulate or prohibit carrying or possession of firearms on that property for such event.
10-010 The Honorable Joseph D. Morrissey
Member, House of Delegates
Provision of charter agreement between City of Richmond School Board and Patrick Henry School of Science requiring Patrick Henry to make the building compliant with Americans with Disabilities Act does not conflict with § 22.1‑212.14(D).
09-098 Ronald S. Hallman, Esq.
Chesapeake City Attorney
Based on facts presented, stormwater fee in § 26‑401 of Chesapeake City Code is service fee, rather than tax; United States Navy is not constitutionally exempt from paying fee.