Toussaint v. State Board of Medical Examiners

Ness, Justice:

*268Appellant Vincent S. Toussaint brought suit challenging the constitutionality of the composition of the respondent, State Board of Medical Examiners. The trial court sustained the respondent’s demurrer. We reverse.

Respondent served a complaint alleging professional misconduct by Toussaint. Before the evidentiary hearing could be held, Toussaint brought this action, and sought an injunction forbidding the Board from considering the complaint.

In order to bring the constitutional challenge, appellant must show that he has standing to pursue the claim. He must show the existence of…