Opinion No. 83-035

Oklahoma Attorney General Reports

Opinion No. 83-035

DecidedMay 4, 1983

StatusPublished

This text of Opinion No. 83-035 (Opinion No. 83-035) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No. 83-035, (Okla. Super. Ct. 1983).

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Opinion

OPINION — AG — ** USED MOTOR VEHICLE PARTS COMMISSION — INSPECTION — DEALERS ** * (1) THE WORD "OR" IN " MEET LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS " SHOULD BE INTERPRETED IN A CONJUNCTIVE SENSE. IN DETERMINING WHETHER A USED MOTOR VEHICLE DEALER IS IN AN APPROVED LOCATION, THE COMMISSION MUST MAKER CERTAIN THAT THE DEALER HAS COMPLIED WITH ALL LOCATION REQUIREMENTS; (2) THE COMMISSION HAS THE RESPONSIBILITY AND AUTHORITY TO DETERMINE THAT A USED MOTOR VEHICLE DEALER IS IN AN APPROVED LOCATION, I.E., MEETS LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS. THE COMMISSION, HOWEVER, DOES 'NOT' HAVE THE RESPONSIBILITY OR AUTHORITY TO INTERPRET LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS. THIS IS PURELY A MUNICIPAL LEGISLATIVE FUNCTION, AND THE COMMISSION MAY RELY UPON A MUNICIPALITY'S INTERPRETATION. (FACILITIES, LOCATIONS, DEFINITION, REGULATIONS) CITE: 11 O.S. 43-101 [11-43-101], 11 O.S. 43-103 [11-43-103], 25 O.S. 1 [25-1], 47 O.S. 582 [47-582](E) (GEORGE R. BARR JR)

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OPINION — AG — ** USED MOTOR VEHICLE PARTS COMMISSION — INSPECTION — DEALERS ** * (1) THE WORD "OR" IN " MEET LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS " SHOULD BE INTERPRETED IN A CONJUNCTIVE SENSE. IN DETERMINING WHETHER A USED MOTOR VEHICLE DEALER IS IN AN APPROVED LOCATION, THE COMMISSION MUST MAKER CERTAIN THAT THE DEALER HAS COMPLIED WITH ALL LOCATION REQUIREMENTS; (2) THE COMMISSION HAS THE RESPONSIBILITY AND AUTHORITY TO DETERMINE THAT A USED MOTOR VEHICLE DEALER IS IN AN APPROVED LOCATION, I.E., MEETS LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS. THE COMMISSION, HOWEVER, DOES 'NOT' HAVE THE RESPONSIBILITY OR AUTHORITY TO INTERPRET LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS. THIS IS PURELY A MUNICIPAL LEGISLATIVE FUNCTION, AND THE COMMISSION MAY RELY UPON A MUNICIPALITY'S INTERPRETATION. (FACILITIES, LOCATIONS, DEFINITION, REGULATIONS) CITE: 11 O.S. 43-101 [11-43-101], 11 O.S. 43-103 [11-43-103], 25 O.S. 1 [25-1], 47 O.S. 582 [47-582](E) (GEORGE R. BARR JR)

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Opinion No. 83-035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-83-035-oklaag-1983.