McArdle v. Board of Higher Education

Petition dismissed. Not only is petitioner held to have mistaken the manner in which, in this matter, he is entitled to exercise his prerogative as a taxpayer, but he also fails to set forth facts which indicate wrongdoing, material loss or cause for the court’s interference with the conduct of the defendants by the infliction of an injunction.

Assuming that petitioner is a taxpayer, which defendants dispute, relying upon the official assessment records, he, nevertheless, employs the wrong method to obtain the relief sought. If any cause of action exists his true remedy lies in a taxpayer’s…