McCroskey v. Gustafson

I respectfully dissent from the majority opinion and join the dissent of Justice Quinn.

The majority test for taxpayer standing has two requirements. First, the plaintiff-taxpayers must establish “that the municipality itself has the right and power to bring the action,” and that the demand on the municipality to bring suit has been refused. Second, “that the taxpayer is bringing the action in a case in which the municipal corporation has the discretion to bring the action, but has refused to do so because of fraud, collusion, bad faith, or ultra vires acts by the corporation, ... or in which…