Supreme Court of Arkansas

James McCafferty v. the Oxford American Literary Project, Inc. — Hart, J., Concurring

March 31, 2016484 S.W.3d 662

Summary

Justice Hart concurred in affirming dismissal but would have relied on different grounds. She reasoned that a citizen-taxpayer may generally challenge unlawful use of public money, but McCafferty lacked standing to recover funds that did not originate in the State Treasury and also failed to join the University of Central Arkansas Board of Trustees as a necessary party. Justice Wynne, dissenting, would have held that the university's cash funds arose from taxation and would have reversed and remanded.