Court of Appeal Affirms Limitations on Standing to Sue Public Agencies

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Court of Appeal Affirms Limitations on Standing to Sue Public Agencies

Feb 06, 2014

Burke Public Law Update

On February 3, 2014, the First District Court of Appeal issued its decision in Reynolds v. City of Calistoga et al., rejecting the contention that a mere allegation of governmental wrongdoing is sufficient to provide any citizen with taxpayer standing or public interest standing to sue a public agency. The decision confirms that taxpayer standing is only available to those who pay the tax that funds the allegedly wrongful activity. It also confirms that public interest standing is discretionary, and strongly suggests that it is inapplicable unless a plaintiff is seeking a writ of mandate.

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