Later courts went against this
Superseded by statute, as recognized in Bartley v. Special School District of St. Louis County
See, e.g., O’Dell v. School Dist. of Independence, 521 S.W.2d 403, 409 (Mo.1975) (en banc), superseded by statute as stated in Bartley v. Special School Dist. of St. Louis County, 649 S.W.2d 864 (1983); Troyer, 722 P.2d at 165.
The opinion
MORGAN, Judge
(concurring).
I believe that the doctrine of governmental immunity is vulnerable to most, if not all, of the criticisms and weaknesses so clearly and forcefully articulated in the dissenting opinion of Judge Finch. Nevertheless, I am also of the opinion that retaining or abolishing a doctrine of such historical standing is for the legislative department, which more directly reflects the wishes of the citizens of this state.
The instant question is readily distinguishable from that found in Abernathy v. Sisters of St. Mary’s, 446 S.W.2d 599 (Mo. banc 1969), wherein the doctrine of charitable immunity was abolished, for the simple reason that the instant question, alone, involves the possible expenditure and disposition of tax related funds. The citizens of this state by their constitution have expressed their confidence in the legislative department to make such tax related decisions. Conversely, the judicial department should exercise sufficient restraint not to invade this legislative area.