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· 4/15/2014

Lehmann v. Bank of America, N.A.

Citations

  • 427 S.W.3d 315
  • 2014 WL 1456468
  • 2014 Mo. App. LEXIS 411

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that section 252.061 authorizes remedy of injunctive relief but not declaratory relief and noting that declarations that plaintiffs seek are \legal conclusions already subsumed in the cause of action for injunctive relief that Section 252.061 creates\
  • explaining rationale for governmental immunity in context of claims to nullify or establish validity of contract that governmental unit had already executed
  • explaining rationale for governmental immunity in context of claims to nullify or establish validity of a contract that a governmental unit has already executed
  • Ultra vires suits “must formally be pleaded against a governmental official, in his or her official capacity.”
  • “The third limitation [of an ultra vires suit] relates to the nature and effect of the remedy sought. The remedy must be prospective in nature – i.e., compelling legal compliance going forward, as opposed to awarding retrospective relief to remedy past violations.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hoff, Odenwald, Quigless

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.