27-28-101 . When proceeding may be instituted for unlawful assertion of authority. A civil action may be brought in the name of the state against: (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by the authority of this state; (2) a public officer, civil or military, who does or suffers an act that, by the provisions of law, works a forfeiture of office; (3) an association of persons who act as a corporation within this state without being legally incorporated.
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