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Sovereign Immunity
Does an ultra vires act by a municipal corporation have a statute of limitations?

Does an ultra vires act by a municipal corporation have a statute of limitations?

Full question:

does an ultra vires act by a municipal corporation qualify for statute of limitations? Myproperty demolished without a court order by quasi judicial entity regardless of facts document judge said court had no subject matter jurisdiction because I did not petition for order superintending control, placing onus on me. ruled in favor of village on its motionof summary disposition. I amappealing pro ce. have follow up.

Category: Sovereign Immunity
Date: 04/07/2025
State: Michigan

Answer:

Yes, a statute of limitations can apply to an ultra vires act by a municipal corporation. The specific time period depends on the facts of the case and the type of claim made. Additionally, governmental immunity may be relevant. Under Michigan law, claims against a municipal corporation must follow the procedures outlined in the Revised Judicature Act (MCL 600.6401 to 600.6475). Generally, the limitation period for actions related to land recovery is five years if the defendant claims title through a court order or legal process (MCL 600.5801). In other cases, the limitation period is typically 15 years. Furthermore, governmental agencies are generally immune from tort liability while performing governmental functions, unless specific exceptions apply (MCL 691.1407). For further assistance, users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an ultra vires act?

An ultra vires act refers to actions taken by a municipal corporation that are beyond its legal authority or power. Such acts are considered invalid and can be challenged in court. The term 'ultra vires' is Latin for 'beyond the powers,' indicating that the corporation acted outside the scope of its granted powers.

What is the statute of limitations for municipal claims in Michigan?

In Michigan, the statute of limitations for claims against municipal corporations varies. Generally, for actions related to land recovery, the limitation period is five years if the claim involves a court order. For other claims, the period is typically 15 years. It's important to follow the procedures outlined in the Revised Judicature Act (MCL 600.6401 to 600.6475).

Can I appeal a decision made by a municipal corporation?

Yes, you can appeal a decision made by a municipal corporation if you believe it was made improperly or without authority. The appeal process typically involves filing a notice of appeal within a specific time frame, often dictated by state law. It's advisable to consult with an attorney to understand the specific steps and requirements for your case.

What is governmental immunity?

Governmental immunity protects municipal corporations and their employees from liability for tort claims while performing governmental functions. This means they are generally not liable for damages unless specific exceptions apply, such as gross negligence or a violation of a statutory duty. In Michigan, this is outlined under MCL 691.1407.

What should I do if my property is wrongfully demolished?

If your property has been wrongfully demolished, you may have legal grounds to pursue a claim against the responsible party, such as a municipal corporation. It's important to gather evidence, document the situation, and consult with an attorney to explore your options for recovery and to understand the applicable statute of limitations.

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