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

> Supreme Court of Missouri · May 10, 1977 · 549 S.W.2d 873

URL: https://www.frixlaw.com/law-library/cases/9647714

## Case

- **Full name:** STATE Ex Rel. Dale SPRAGUE, Relator-Respondent, v. the CITY OF ST. JOSEPH, Missouri, and F. L. Endebrock, in His Capacity as Supervisor of the Department of Public Works of the City of St. Joseph, Missouri, Respondents-Appellants; STATE Ex Rel. CITY OF ST. JOSEPH, Missouri, and F. L. Endebrock, in His Capacity as Supervisor of the Department of Public Works of the City of St. Joseph, Missouri, Relators, v. the Honorable Fred E. SCHOENLAUB, Judge of the Circuit Court of Buchanan County, Missouri, Second Division, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** May 10, 1977
- **Citations:** 549 S.W.2d 873; 1977 Mo. LEXIS 263
- **Precedential status:** Published
- **Opinion:** Dissent by Donnelly
- **Judges:** Seiler, Morgan, Bardgett, Finch, Henley, Donnelly, Rendlen
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9647714

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9647714. Public record. Not legal advice.