Opinion

City of Olivette, Missouri v. St. Louis County, Missouri

  • 507 S.W.3d 637
  • 2017 Mo. App. LEXIS 10
  • 2017 WL 105979
Court
Missouri Court of Appeals
Filed
Jan 10, 2017
Status
Published
Author
Van Amburg
On the bench
Quigless, Dowd, Van Amburg
Cited by
3 cases

finding that use of the word "and" between "public safety" and "public health" indicated a legislative intent for those "phrases [not] to be synonymous or redundant and [for] each of [those] terms [to] mean something different."

How later courts described this case

  • finding that use of the word "and" between "public safety" and "public health" indicated a legislative intent for those "phrases [not] to be synonymous or redundant and [for] each of [those] terms [to] mean something different."

Written by the judges who cited it.

The opinion

Lisa Van Amburg, Judge,

concurring.

I concur in the majority opinion insofar as it holds that the ordinance is beyond the scope of § 192.300. In my view, however, voter approval of the ordinance as an assumption of municipal functions is required only by § 2.180.21 of the County’s charter and not by Article VI § 18(c) of the Missouri Constitution.

As the majority notes, § 2.180.21 of the charter authorizes the county to perform municipal services and functions “when accepted by a vote of a majority of the qualified electors ....” This requirement alone is fatal to the County’s position. But regardless of whether an earlier version of Article VI § 18(c) of the Missouri Constitution mirrored this language, I do not construe the current version to mandate a vote. Missouri voters approved and adopted the current version of § 18(c) in 1970. It states that, “When such a proposition is submitted to the voters of the county[J the ballot shall contain a clear definition of the power, function or service to be performed and the method by which it will be financed.” I interpret this to mean that, when the nature of the ordinance is such that it requires a vote under a county’s charter, then the ballot measure should contain sufficient specifics to inform the voters’ decision. In other words, this sentence simply prescribes the content of the ballot.

Therefore, I would opine that the ordinance does not exceed the county’s authority under the Missouri Constitution, but voter approval is still required under the county’s charter.

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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