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Official Actions Beyond Statutory Limitations

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  • Legalbear
    where the officer s powers are limited by statute, his actions beyond those limitations are considered individual and not sovereign actions. The officer is not
    Message 1 of 1 , Jan 10, 2013
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      where the officer's powers are limited by statute, his actions beyond those limitations are considered individual and not sovereign actions. The officer is not doing the business which the sovereign has empowered him to do or he is doing it in a way which the sovereign has forbidden. His actions are ultra vires his authority and therefore may be made the object of specific relief. It is important to note 690*690 that in such cases the relief can be granted, without impleading the sovereign, only because of the officer's lack of delegated power. A claim of error in the exercise of that power is therefore not sufficient. And, since the jurisdiction of the court to hear the case may depend, as we have recently recognized,[10] upon the decision which it ultimately reaches on the merits, it is necessary that the plaintiff set out in his complaint the statutory limitation on which he relies. Larson v. Domestic and Foreign Commerce Corp., 337 US 682, 689-90 (1949).

       

       

       

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