Ultra Vires

According to the Merriam-Webster dictionary, ultra vires, originally Latin, means “beyond the scope or in excess of legal power or authority.” (http://www.merriam-webster.com/dictionary/ultra%20vires) Usually than not, the power/authority here refers to the Constitution. Ultra vires is a statutory claim; once the court finds a law exceeds the power granted by the Constitution, it will declare the law to be ultra vires. Two conditions can lead to ultra vires: either substantive (the law is beyond the power), or procedural (the process is not proper). Under the circumstance of zoning, the Board of Zoning Appeals (ZBA) plays the quasi-judicial role to hear the appeals on the administrative decisions. It is ZBA who judges whether a law (such as a rezoning) is ultra vires or not.