Opinion

Andresen v. Board of Regents

  • 58 S.W.3d 581
  • 2001 WL 880256
Court
Missouri Court of Appeals
Filed
Aug 7, 2001
Status
Published
Author
Spinden
On the bench
Newton, Spinden, Smart
Cited by
21 cases

concluding that the amendment clarified the legislature’s original intent to exclude academic institutions from the State Personnel Law

How later courts described this case

  • concluding that the amendment clarified the legislature’s original intent to exclude academic institutions from the State Personnel Law
  • standard of review of denial of declaratory judgment is that of any other court-tried case, i.e., Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976)
  • “While an amendment to a statute must be deemed to have been intended to accomplish some purpose, that purpose can be clarification rather than a change in existing law.”

Written by the judges who cited it.

The opinion

SPINDEN, Chief Judge,

concurring.

I concur with the majority, but I write separately to clarify that, for me, the determining point in resolving this case is the provision of § 174.140, RSMo 2000, that the Missouri Western State College’s board of regents shall have the power to “fix the ... compensation” and “enter into agreements for and make contributions to both voluntary and statutory retirement plans for ... teachers!.]” While § 36.350, RSMo 2000, makes provisions for state employees 1 and Missouri Western conceded at oral argument that it deems its teachers to be state employees, § 174.140 makes provisions for a specific group of state employees, teachers at state colleges and universities. Hence, under the doctrine recognized by the majority that a specific statute will prevail over a more general statute, § 174.140 governs in this case, and the respondents prevail.

. The statute is worded to apply to employees of state agencies.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.