Opinion

City of Kirkwood v. Allen

  • 399 S.W.2d 30
  • 1966 Mo. LEXIS 837
Court
Supreme Court of Missouri
Filed
Jan 10, 1966
Status
Published
On the bench
Donnelly, Holman, Henley, Eager, Storckman, Hyde, Finch
Cited by
39 cases
Authority
More cited than 10.8%

The opinion

ON MOTION FOR REHEARING

PER CURIAM:

The City of Kirkwood and Big Bend Realty Company, in their Motion for Rehearing, allege that the majority opinion overlooked the effect herein of Art. VI, § 15 of the Missouri Constitution, V.A.M.S., which provides for the organization and classification of cities and towns in not to exceed four classes so that municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.

The majority opinion, although not specifically mentioning Art. VI, § 15 of the *44 Missouri Constitution, notes the existence of special problems concerning the coordination of county and municipal governments within a first class chartered county, holds that the 1963 Act relates to the designated municipalities as a class and applies equally to all within that class, and holds that we “cannot say as a matter of law that the classification by the Legislature of ‘any city, town or village located in a first class chartered county’ does not rest upon any reasonable basis and is essentially arbitrary.” The 1963 Act does not violate the provisions of Art. VI, § IS of the Missouri Constitution. City of Lebanon v. Schneider, 349 Mo. 712, 717, 718 , 163 S.W.2d 588, 590 ; State ex rel. Carpenter v. City of St. Louis, 318 Mo. 870, 889, 890 , 2 S.W.2d 713, 717 .

Accordingly, the Motion for Rehearing is overruled.

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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