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DeLaFuente_Mandamus-and-Ultra-Vires-Issues-TCAA-Summer-2016-conference.pdf
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🔗 Source: texascityattorneys.org
📊 Size: 424 KB
📄 Pages: 13 pages
⬇️ Downloads: 100

Summary

The term "ultra vires" refers to actions taken by public officials beyond their legal authority, and in Texas, it is used to allege that such officials are doing something they shouldn't or refusing to do something they should. The Texas Supreme Court's opinion in El Paso v. Heinrich (2009) confirmed that ultra vires suits against public officials are alive and well, and outlined the procedural and evidentiary requirements and limitations of an ultra vires claim. The court held that ultra vires suits do not attempt to exert control over the state, but rather to reassert the control of the state, and that the proper defendants are public officials sued in their official capacities. The court also established that no monetary damages are available in ultra vires suits, but a prevailing plaintiff may obtain a declaratory judgment against public officials who have acted outside their legal authority.

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The term "ultra vires" refers to actions taken by public officials beyond their legal authority, and in Texas, it is used to allege that such officials are...

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  • File Format: PDF
  • File Size: 424 KB
  • Pages: 13
  • Language: EN
  • Total Downloads: 100
  • Last Updated: 1 month ago

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