San Diegans for Open Government v. Public Facilities Financing Authority of the City of San DiegoAnnotate this Case
The Supreme Court remanded this matter questioning whether Cal. Govt. Code 1092 gave Plaintiff, a citizens' taxpayer organization, statutory standing to invalidate certain contracts allegedly made in violation of Cal. Govt. Code 1090, holding that section 1092 did not provide Plaintiff a private right of action because it was not a party to the contracts.
Plaintiff sued the City of San Diego and its Public Facilities Financing Authority (collectively, Defendants), asserting that aspects of a refinancing transaction in which the City sought to refinance the remaining debt on its bonds to finance the construction of Petco Park, violated section 1090. The complaint asserted that the issuance of new bonds to accomplish the refinancing violated section 1090. The trial court ruled in favor of Defendants, concluding that section 1092 confers standing only on the parties to a challenged contract. The court of appeals reversed. The Supreme Court reversed, holding that Plaintiff cannot sue under section 1092.