Opinion

Pace v. City of Hannibal

  • 680 S.W.2d 944
  • 1984 Mo. LEXIS 275
Court
Supreme Court of Missouri
Filed
Nov 20, 1984
Status
Published
Author
Billings
On the bench
Blackmar, Welliyer, Higgins, Gunn, Donnelly, Billings
Cited by
16 cases
Authority
More cited than 10.8%

“A public utility, whether investor or publicly owned, requires a franchise to operate. Franchises, in addition to awarding monopoly, also regularly permit the *676 use of public property[.] ... A franchise tax is designed, in part at least, to repay the municipality for inconvenience and expense attending the use of public property.”

How later courts described this case

  • “A public utility, whether investor or publicly owned, requires a franchise to operate. Franchises, in addition to awarding monopoly, also regularly permit the *676 use of public property[.] ... A franchise tax is designed, in part at least, to repay the municipality for inconvenience and expense attending the use of public property.”

Written by the judges who cited it.

The opinion

BILLINGS, Judge,

dissenting.

The principal opinion squarely recognizes there is a “question of jurisdiction” for this Court to entertain this appeal under Art. V, § 3, of the Missouri Constitution, but, nevertheless, concludes that because “the parties have come here in good faith to brief and argue the case, we elect to assume jurisdiction”, relying upon Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193 (Mo. banc 1972).

The jurisdiction of this Court is carefully delineated to certain specifically described classes of cases and the instant appeal falls beyond the narrow scope of our jurisdiction as found in the Constitution. Consequently, jurisdiction of this appeal is in the court of appeals and we should not, under the guise of the “general interest and importance” rubric found in Foremost-McKes-son, reach out to take or elect to assume jurisdiction of appeals which the Constitution directs elsewhere. To do so, in my view, flies in the face of the clear provisions of the Constitution we are charged with following. The fact that we are the court of last resort does not and should not give us that license. ⅞

I would transfer the appeal to the court of appeals as provided by Art. V, § 11, Mo .Const.

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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