What is the test for judicial review of a judgment of the Superior Court of Justice against a plaintiff who failed to state a claim?
MultiRegion, United States of America
The following excerpt is from Ness Inv. Corp. v. U.S. Dept. of Agr., Forest Service, 512 F.2d 706 (9th Cir. 1975):
In light of our determination that the claims alleged warranted judicial review, if the judgment of the court below is to be sustained, it must be for failure of the complaint to state a claim, rather than for want of jurisdiction. If this ground is meritorious we may affirm, despite the fact that this was not the express ground upon which the district court relied. Harvey v. Sadler, 331 F.2d 387 (9th Cir. 1964).
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