Is there a remedy available in a taxpayer action for repayment of public funds paid for unlawful purposes?

California, United States of America


The following excerpt is from Davis v. Fresno Unified Sch. Dist., 271 Cal.Rptr.3d 818, 57 Cal.App.5th 911 (Cal. App. 2020):

of public funds paid for unlawful purposes was a remedy available in a taxpayer action, and (3) no reason appeared to justify denying taxpayers the normal remedy of restitution in an in personam cause of action for repayment of public monies unlawfully expended. ( Ontario, supra , at pp. 344345, 85 Cal.Rptr. 149, 466 P.2d 693 ; see Miller v. McKinnon, supra , 20 Cal.2d at p. 96, 124 P.2d 34 [cause of action exists for taxpayer to, on behalf of public agency, recover illegally paid money from person receiving such funds].)

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