Miss. Code Ann. § 7-5-25

Section 7-5-25 makes Attorney General opinions nonbinding when a court finds them manifestly wrong and unsupported, and requires a party seeking to rely on an opinion to request a written opinion on its particular facts.

City of Durant, Mississippi v. Laws Construction Company, Inc. · filed 1994-06-27

However, Attorney General opinions are not binding nor prohibit liability when a court of competent jurisdiction declares that the opinions are manifestly wrong and without any substantial support. See Miss. Code Ann. § 7-5-25. ... However § 7-5-25 requires the party to contact the Attorney General's office in writingrequesting an opinion on their particular facts. In return, the Attorney General's office will prepare and deliver a legal written opinion. ... Therefore, the City should be held liable.

Section 7-5-25 protects an authorized person from civil or criminal liability for good-faith compliance with a requested Attorney General opinion, unless a court declares the opinion manifestly wrong and unsupported.

John I. Donaldson, County Prosecutor for Yazoo County, Mississippi v. Honorable Mary B. Cotton, County Court Judge/Youth · filed 2022-04-07

First, Donaldson did not request or receive a written opinion from the attorney general; therefore, this provision does not apply. Second, even if the provision did apply, Donaldson’s argument is without merit. The court ordered Donaldson to prepare the orders on April 3, 2020, and reliance on an attorney general opinion is no defense to failure to comply with a court order. This argument is without merit.

Section 7-5-25 authorizes the Attorney General to provide written opinions to state and local governments and officials, and protects entities that rely on such opinions in good faith unless a court, after a full hearing, declares the opinion manifestly wrong and without substantial support.

Zimmerman v. Three Rivers Planning and Development Dist. · filed 1999-04-067-5-25

the Attorney General's Office is authorized by Miss.Code Ann. § 7-5-25 (Rev.1991) to provide written opinions to state and local governments and officials.

Section 7-5-25 requires the Mississippi Attorney General’s Office to provide written legal opinions to state officers, agencies, or departments upon request on legal questions relating to their duties.

Buford v. Holladay · filed 1990-12-18

Miss.Code Ann. § 7-5-25 (1972) requires the Mississippi Attorney General’s Office to give written legal opinions to any state officer, agency, or department upon request on any question of law relating to the duties of such public bodies or officers. The Court does not find, however, that the mere existence of such a statute precludes the applicability of an attorney-client privilege in this situation. Rather, the actual nature of the services performed must be examined in order to determine the relationship of the parties.

Section 7-5-25 requires a party seeking an Attorney General opinion to submit a written request about its particular facts and receive a written legal opinion.

City of Durant v. Laws Const. Co., Inc. · filed 1998-08-20

However § 7-5-25 requires the party to contact the Attorney General's office in writing requesting an opinion on his particular facts. In return, the Attorney General's office will prepare and deliver a legal written opinion.

Section 7-5-25 prevents the Attorney General from issuing opinions on matters in litigation.

Sass Muni-V, LLC v. DeSoto County, Mississippi · filed 2015-04-02

While this is assertion is true, we also find it to be irrelevant, as the Attorney General cannot issue opinions on matters that are in litigation.

Section 7-5-25 protects good faith reliance on a written Attorney General opinion, but an oral opinion does not qualify, and a written opinion does not provide a defense when it does not address the relevant facts.

State Ex Rel. Summer v. Denton · filed 1980-03-19

Section 7-5-25 requires opinions of the Attorney General to be in writing and in this case none was requested or given until after all payments were made to the Jones family. The statute makes no provision for an oral opinion of the Attorney General and parties may not rely on the good faith defense provided in the statute based on an oral opinion from the Attorney General. Furthermore, the opinion does not support a good faith defense because it does not refer to the relationship which existed between the Jones brothers and Supervisor Mathis.