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Tuesday, February 10, 2015 1:31:24 AM
On what grounds? The discretion of a conservator is limited in the sense that they should stay within their authority under the regulatory statute? Possibly, yes.
There is some evidence that SCOTUS doesn't think that the discretion of a regulator (and perhaps even a conservator) is unlimited.
Since I'm not a lawyer let me just add that society would be better off if legitimate property rights are respected. Unlimited discretion without judicial oversight could be bad from a public policy standpoint.
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