# City of Kirkwood v. Allen

> Supreme Court of Missouri · January 10, 1966 · 399 S.W.2d 30

URL: https://www.frixlaw.com/law-library/cases/9773945

## Case

- **Full name:** CITY OF KIRKWOOD, a Municipal Corporation, Respondent, v. Leslie L. ALLEN Et Al., Appellants
- **Court:** Supreme Court of Missouri
- **Decided:** January 10, 1966
- **Citations:** 399 S.W.2d 30; 1966 Mo. LEXIS 837
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Donnelly, Holman, Henley, Eager, Storckman, Hyde, Finch
- **Cited by:** 39 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/9773945

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773945. Public record. Not legal advice.