State Ex Rel. E. K. Jenkins, Inc. v. Omdahl

STRUTZ, Judge.

This is a proceeding in which the petitioner, a private relator and taxpayer of this State, makes application to this court for a prerogative writ of prohibition, bringing such proceeding in its own behalf and in behalf of all taxpayers similarly situated. Prior to bringing this proceeding, the petitioner had requested the Attorney General of the State to bring it, but such request was denied.

The petitioner alleges that the respondent Lloyd Omdahl, as State Tax Commissioner, is collecting and will continue to collect taxes under a ruling of the Attorney General that use taxes…