Section 14.5 Corporations

• Library: App Ct Prac 2015 Supp

3. (§14.5) Corporations

As to a public or private corporation, quo warranto is the proper action to question the:

· legality of its organization;

· legality of the corporation exercising certain powers and rights; and

· issue of forfeiture, by misconduct, of the franchises to that point legally possessed by the private corporation.

If, in any case, the legal right to possess or exercise the franchise in question is determined against the claimant, he or she becomes a usurper and is subject to ouster from the franchise.

As to corporations, all forms of private corporate organizations are included, as are public organizations known as public corporations, such as cities, school districts, etc., which are often thought of as...