Opinion

State Ex Rel. Sprague v. City of St. Joseph

  • 549 S.W.2d 873
  • 1977 Mo. LEXIS 263
Court
Supreme Court of Missouri
Filed
May 10, 1977
Status
Published
Author
Donnelly
On the bench
Seiler, Morgan, Bardgett, Finch, Henley, Donnelly, Rendlen
Cited by
15 cases

The opinion

DONNELLY, Judge,

dissenting.

The principal opinion’s analysis of Mo. Const. Art. VI, § 22, and its effect on home rule charter cities, is scholarly and interesting, but it is irrelevant in this case. The essential and determinative question here is whether the city of St. Joseph should be compelled “to honor relator’s master plumber’s license issued by the city of Gladstone * * * >>

If I understand the facts: (1) there is no Chapter 341 board of plumbing examiners in St. Joseph; (2) the nearest such board of plumbing examiners to relator’s place of residence is in Gladstone; (3) relator procured a certificate from the Gladstone board; and (4) the city of St. Joseph refuses to honor it.

Section 341.030, RSMo 1969 provides that persons desiring a certificate to work as a plumber may apply “to the board nearest their place of residence.”

Section 341.050, RSMo 1969 provides that a certificate, when issued, “shall be valid and have force throughout the state *

I find no ambiguity in the statutes. Relator went to the board nearest his place of residence, procured a certificate, and now asks that it be considered valid in St. Joseph, as the statutes mandate.

I would affirm the action of the trial court and, therefore, respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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