County of Tazewell ex rel. Hranka v. Zimmerman

Plaintiff, as county Auditor, filed suit alleging that county suffered economic damages when it unknowingly paid Board Chair monthly commuting expenses for several years in violation of Counties Code. Although Plaintiff lacked standing to bring the action, she did have the right to bring a petition for appointment of special prosecutor. As court properly dismissed Plaintiff's action with prejudice, the question of whether a special prosecutor should be appointed is moot. Dismissal, which was a final judgment terminating the litigation, meant that Plaintiff was no longer entitled to leave to amend her complaint. (HOLDRIDGE and WRIGHT, concurring.)