Farley v. Cory

Opinion

REYNOSO, J.

We consider whether taxpayers have standing to sue the Controller, a state official, for mandatory injunctive and declaratory relief seeking to compel his exercise of discretion. We hold only that the taxpayers have standing. On the record before us, we conclude that the affirmative relief sought, if appropriate, must await a full hearing before the trial court. We reverse and remand.

Proceedings Below

In the first of the two consolidated cases, plaintiffs (Slettland and Kemer) filed a taxpayers’ suit for injunctive and declaratory relief in the superior court alleging three…