Harborwalk v. Errato, No. 69638 (May 20, 1994)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON MOTION TO STRIKE SPECIAL DEFENSE Before the court is the plaintiff's motion to strike two identical special defenses, pleaded by each defendant in two separate but related foreclosure actions. The defendants each assert in their first special defense that the actions of the plaintiff corporation in making the original assessment, now the subject of the present foreclosure actions, were an illegal corporate act and unenforceable based on the ultra vires doctrine. The defendants allege in their…