35-213

35-213. Failure of attorney general to bring
action; action by taxpayer; bond; amount of recovery and attorney
fees

A. If for sixty days after request made by a taxpayer of the state in writing, the
attorney general fails to institute an action as provided in section 35-212, any taxpayer
of the state may institute the action in his own name and at his own cost with the same
effect as if brought by the attorney general.

B. 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 or will pay all damages sustained by the defendant by reason of the action
and all costs incurred therein.

C. If the taxpayer prevails in the action, the court shall allow him costs and
reasonable attorney's fees, not to exceed forty per cent of the amount recovered or saved
to the state, as the case may be.