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Malone v. Leake County Board of Supervisors3/27/2003
d, but seeks instead damages in tort action based upon the ultra vires acts of the Board by unlawfully approving a contract outside the scope of its authority.
. An ultra vires act is one which is beyond the powers conferred upon a county by law. See Biloxi Firefighters Ass'n v. City of Biloxi, 810 So.2d 589, 593 (Miss. 2002). The statute accords the Board the right to contract for ambulance service with an adequate privately run ambulance company. Miss. Code Ann. ยง 41-55-7 (Rev. 2001). Because the Board was acting within the confines of its authority under the statute, we find that this issue lacks merit.
CONCLUSION
. For these reasons, this Court affirms the judgment of the circuit court affirming the decision of the Leake County Board of Supervisors to award the ambulance service contract to Carthage Ambulance Service.
. AFFIRMED.
PITTMAN, C.J., SMITH, P.J., WALLER, COBB, EASLEY AND CARLSON, JJ., CONCUR. McRAE, P.J., AND DIAZ, J., NOT PARTICIPATING.
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