State ex rel. Falke v. Montgomery County Residential Development, Inc.

At issue in this appeal are the questions of (1) whether a corporation that has offended against a law providing for its creation should, in an action in quo warranto, be ousted entirely from its franchise, and (2) whether a corporation that has been so ousted may bring or maintain a suit in a court of law. For the reasons set forth below, we answer both questions in the affirmative.

I

In his first proposition of law, appellant contends that the court of appeals erred when it revised its previous order of ouster and reinstated appellee’s corporate status for the sole purpose of allowing…