Latin means to act without authority or literally beyond authority. This term is often used in business law and agencies of the doctrine of Ultra Vires. An act of ultravirus occurs when one commits an act that exceeds the authority or purpose of a business, such as mixing the assets of a wholly-owned corporation with the personal assets of the individual shareholder. In such a case, this ultra vires law allows the company`s creditors to break the corporate veil and personally sue the shareholder as if he were the company. Personal property can then be confiscated and subject to corporate debt. Q. How does the ultra vires principle apply to municipal contracts? Lamb fills his suitcase and sets it on fire, no longer ultra it with a soothing herb. These principles were used in the modern case of Marrone v. Hampton, 123 N.H. 729 (1983). A highway led to the beach. The selectors agreed to close the highway to vehicles; parts of the landscape of the road travelled; and build a seawall and steps to the beach at the end of the highway.
The court declared invalid the agreement to allow the obstruction of the road as an ultra vires closure of the highway by voters. The court dismissed the Abutters` claim for damages for the cost of improvements that interfered with the right of way, but the court also ruled that the Abutters had to be paid for the cost of the dike and steps, as it was a public improvement that the breeders could legitimately approve for the benefit of the city. The last sentence is the key to differentiation. As in Smith v. Epping: « A party that relies on the representatives of a government official runs the risk of the latter acting ultra vires. » 124 N.H. at 470. In other words, it is not reasonable to rely on the statement of a public servant who is not authorized to act in this matter. However, a bad decision by the right public servant is not ultra vires. Estoppel may prevent the municipality from correcting the decision in such a case. See Aranosian Oil Co., Inc. v. Portsmouth, 136 N.H.
57 (1992), where the proponent made significant improvements by relying on the approval of the Code Enforcement Officer before attempting to reverse the decision. On the other hand, it does not make sense to rely on the approval of a road plan by the highway operator, which violates the zoning ordinance. Healey v. New Durham, 140 N.H. 232 (1995). The term is not appropriate with respect to acts or transactions that are not within the lawful authority of a person. Therefore, the term is used in two meanings: Q. What cases are ultra vires claims? R. Ultra vires is a fairly common defence against tort in other states. 18 E. McQuillin, Municipal Corporations, § 53.60 (3rd edition 2003). In New Hampshire, only one Supreme Court case uses this term in the context of municipal tort liability.
In Wakefield v. Newport, 60 N.H. 374 (1880), the breeders took the initiative to work on a private mast. They negligently let him down and injured the plaintiff who was passing by in a car. The city itself was not responsible because the actions of the selectors were ultra vires. (Presumably, the breeders could have been held accountable as individuals.) On his return, he again doubled the Cape of Good Hope, long considered the ultimate in navigation. David Connell is legal counsel in the Department of Legal Services and Government Affairs at the New Hampshire Local Government Center. For more information on this and other topics of interest to local officials, LGC lawyers can be reached Monday through Friday from 8:30 a.m. to 4:30 p.m. at 800.852.3358, ext.
384. Kim Jong Un is changing the model and distancing Pyongyang from Chinese autocrats to the ultra-aggressive Vladimir Putin. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. In Spain, he was considered the right-hand man of the ultraclerical and a possible supporter of Carlism. Q. Don`t some of these examples look like situations where a counterparty could claim « estoppels » against the municipality? One. Like all risks, the risk of an ultra vires effect can be minimized, but probably not completely eliminated. A fundamental guiding principle is that municipalities have only the powers conferred on them by the legislature. Girard v. Allenstown, 121 N.H. 268 (1981). Public servants should always keep in mind that anything that seems reasonable and beneficial will not necessarily be approved.
A second general principle states that municipal powers can only be exercised by designated officers and only if they have followed prescribed procedures. This requires continuous planning and attention to detail. This is important both to protect the validity of the municipality`s actions and to protect public servants from personal liability. The issue can be raised in power struggles between officials in the same municipality. In Grimes v. Keenan, 88 N.H. 230 (1936), the City Council`s efforts to outsource the construction of contracted roads were considered ultra vires because they violated the authority of the City Commissioner under the city`s constitution. And those light bulbs in Jack Carlson`s garage were ultraviolet lamps.
Q. Does this mean that municipalities cannot enter into enforceable contracts for non-government purposes, such as leasing surplus municipal property? Ultra vires means « beyond power ». It is used to describe an action that requires legal authorization or authority, but is then carried out externally or without the required authority. In the case of capital companies, `ultra vires` means an act or transaction of a company which, while not unlawful or contrary to public policy when committed by a natural person, nevertheless falls outside the legitimate powers of the company as defined in the statutes under which it was incorporated or in the statutes applicable to it. or by its constitution, although the scope of the ultra vires doctrine as it applies to corporations and corporations is now limited by law.