A. An action to recover illegally paid public monies pursuant to section 35-212, subsection B, paragraph 1 or 3 may be brought only by the attorney general.
B. A taxpayer of this state may request, in writing, the attorney general to institute an action pursuant to section 35-212. A request made regarding a political subdivision may be made only by a taxpayer of the political subdivision that is the subject of the request. A request made regarding a county may only be submitted twenty-one days after a request is made to the county attorney pursuant to section 11-642. If, for sixty days after the request made by the taxpayer in writing, the attorney general fails to institute an action as provided in section 35-212, the taxpayer who made the request may institute the action pursuant to section 35-212, subsection A or subsection B, paragraph 2 in the taxpayer's own name and at the taxpayer's own cost with the same effect as if brought by the attorney general.
C. The person instituting the action shall execute a bond payable to the defendant in the action, conditioned that the plaintiff will prosecute the action with diligence and finality and will pay all damages sustained by the defendant by reason of the action and all costs incurred in the action, including attorney fees awarded to the defendant.
D. The court may award the prevailing party costs and reasonable attorney fees, not to exceed forty percent of the amount sought to be recovered or saved to the state or political subdivision.
Notes of Decisions
State Ex Rel. Woods v. Block, 942 P.2d 428 (Ariz. 1997).
· cites it 8× “By extending the scope of the remedy under § 35-212 to support standing here, the court greatly expands the scope of taxpayer suits under A.R.S. § 35-213. If the Attorney General does not bring an action under § 35-212, any taxpayer can bring an action under § 35-213.”
Austin v. Campbell, 370 P.2d 769 (Ariz. 1962).
· cites it 18× “Consequently, on August 24, 1956 plaintiff Campbell instituted his taxpayer's action pursuant to A.R.S. § 35-213. [5] The complaint is in two counts the first of which alleges overpayments in varying amounts to the several legislator-defendants all of whom were residents of…”
Cain v. Horne, 202 P.3d 1178 (Ariz. 2009).
· cites it 3× “4 Ill ¶ 30 Cain requests attorneys’ fees under A.R.S. § 35-213 (2000). Under this statute, taxpayers are entitled to bring an action on behalf of the state if (1) they request that the Attorney General bring the action on the citizens’ behalf and wait sixty days to determine…”
Cave Creek Unified Sch. Dist. v. Ducey, 295 P.3d 440 (Ariz. Ct. App. 2013).
· cites it 5× “Attorneys’ Fees ¶33 Appellants request attorneys’ fees on appeal pursuant to A.R.S. § 35-213 (2012) and the private attorney general doctrine.”
Niehaus v. Huppenthal, 310 P.3d 983 (Ariz. Ct. App. 2013).
· cites it 2× “Niehaus requests an award of attorneys’ fees under A.R.S. § 35-213(c) and under the private attorney general doctrine.”
Cain v. Horne, 183 P.3d 1269 (Ariz. Ct. App. 2008).
· cites it 2× “As the prevailing party, Cain is entitled to costs and attorney fees pursuant to A.R.S. § 35-213(C) upon compliance with Rule 21, Ariz.”
Grant v. Bd. of Regents, Etc., 652 P.2d 1374 (Ariz. 1982).
· cites it 15× “The appellants brought suit pursuant to A.R.S. § 35-213. The trial court granted summary judgment for the Board of Regents.”
State of Arizona v. Az Bd. of Regents (Ariz. 2022).
· cites it 2× “Section 35-212 resides in article 6, titled “Recovery of State Monies Illegally Paid,” as does § 35-213, which allows taxpayers to request that the Attorney General initiate a public-monies claim and to institute their own claims if the Attorney General fails to do so within…”
— Ariz. Rev. Stat. § 35-213(A) — 2 cases
Grant v. Bd. of Regents, Etc., 652 P.2d 1374 (Ariz. 1982).
“The appellants brought suit pursuant to A.R.S. § 35-213. The trial court granted summary judgment for the Board of Regents.”
— Ariz. Rev. Stat. § 35-213(C) — 2 cases
Cain v. Horne, 202 P.3d 1178 (Ariz. 2009).
“4 Ill ¶ 30 Cain requests attorneys’ fees under A.R.S. § 35-213 (2000). Under this statute, taxpayers are entitled to bring an action on behalf of the state if (1) they request that the Attorney General bring the action on the citizens’ behalf and wait sixty days to determine…”
Cain v. Horne, 183 P.3d 1269 (Ariz. Ct. App. 2008).
“As the prevailing party, Cain is entitled to costs and attorney fees pursuant to A.R.S. § 35-213(C) upon compliance with Rule 21, Ariz.”
— Ariz. Rev. Stat. § 35-213(c) — 1 case
Niehaus v. Huppenthal, 310 P.3d 983 (Ariz. Ct. App. 2013).
“Niehaus requests an award of attorneys’ fees under A.R.S. § 35-213(c) and under the private attorney general doctrine.”
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