San Diegans for Open Gov. v. Public Facilities Financing etc.

Summary

The court held that Government Code section 1092 does not give a nonparty taxpayer organization a private right of action to avoid a public contract allegedly made in violation of section 1090. The phrase "any party" refers to parties to the challenged contract, and the statutory enforcement scheme did not provide compelling policy grounds for expanding it to nonparties. The judgment was reversed and remanded so the Court of Appeal could determine whether the plaintiff could proceed under Code of Civil Procedure section 526a or another statutory provision.