James McCafferty v. the Oxford American Literary Project, Inc. — Wynne, J., Dissenting

Summary

Justice Wynne’s dissent would recognize taxpayer standing to challenge the University of Central Arkansas’s alleged misuse of $700,000 in auxiliary and other cash funds. The dissent reasons that the funds arose from taxation because they depended on tax-supported facilities and employees, formed part of the university’s operating finances, were subject to legislative approval and audit, and would require replenishment if depleted. Justice Hart, concurring in the judgment, would affirm dismissal on different grounds, concluding that the requested relief and failure to join necessary parties defeated the lawsuit.