VIII. ENFORCEMENT OF IGAs AND REMEDIES
Some IGA statutes specifically authorize actions to enforce the agree-ment.158 A member of an intergovernmental entity may not be able to sue the intergovernmental entity unless the agreement creating the entity specifically allows such a suit.159
A. Contract Principles in Enforcement Actions
Courts use typical contractual analyses including considering plain text and course of performance 160 but disregarding typographical or technical errors.161 Courts may construe specialized provisions of an IGA in terms familiar to typical contract provisions.162 Typical contractual defenses, however, may not be available because agreements between governments are different from agreements between private parties.163
B. Third-Party Enforcement of IGAs
Because IGAs involve municipal functions, they may affect third parties much the same way as general statutes and ordinances do. Third parties cannot seek to invalidate action under an IGA on the basis that a person cannot be bound by an agreement to which that person is not a party. A third party must establish standing through a statute, regulation, or the IGA to bring an enforcement action.164
C. Remedies for Ultra Vires Actions
Some IGA statutes specify remedies for ultra vires actions.165 Courts have applied a wide range of remedies when an IGA requires performance of ultra vires actions. Courts may reverse actions taken under an IGA where the agreement is valid but action pursuant to the agreement is improper.166 Conversely, courts may hold an agreement invalid but conclude that an action taken pursuant to the agreement was independently valid under other state law.167
--------
Notes:
[158] . E.g., Colo. Rev. Stat. § 29-20-105(g)...
