Legal Opinion

Goldston v. State

Supreme Court of North Carolina

Decided December 15, 2006No. 328PA04-2PublishedCited by 52 opinions

1Opinion of the Court

EDMUNDS, Justice.

In this case, we must determine whether individual taxpayers have standing to seek relief when they allege government officials *28violated statutory and constitutional provisions by diverting tax levies appropriated for one purpose but disbursed for another. If so, we next must decide whether a declaratory judgment is a proper remedy for such a claim. We reaffirm our long-standing holdings that taxpayers have standing to challenge unlawful or unconstitutional government expenditures and conclude that taxpayers are entitled to seek equitable relief in the form of a declaratory…

2Cases cited19 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Crampton v. ZabriskieSupreme Court of the United States · 1880
  4. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  5. McIntyre v. ClarksonSupreme Court of North Carolina · 1961

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3Cited by52 opinions

  1. Findley v. State Farm Mutual Automobile InsuranceWest Virginia Supreme Court · 2003
  2. Hart v. StateSupreme Court of North Carolina · 2015
  3. Munger v. StateCourt of Appeals of North Carolina · 2010
  4. Metcalf v. Black Dog Realty, LLCCourt of Appeals of North Carolina · 2009
  5. Sanders v. State Personnel CommissionCourt of Appeals of North Carolina · 2009

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