City of Kansas City v. Fasenmeyer

907 S.W.2d 195, 1995 WL 507440
CourtMissouri Court of Appeals
DecidedAugust 29, 1995
DocketNo. WD 50487
StatusPublished
Cited by2 cases

This text of 907 S.W.2d 195 (City of Kansas City v. Fasenmeyer) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Kansas City v. Fasenmeyer, 907 S.W.2d 195, 1995 WL 507440 (Mo. Ct. App. 1995).

Opinion

FENNER, Chief Judge.

David T. Fasenmeyer appeals from his conviction for stealing in violation of Kansas City, Mo.Rev.Ordinance, ch. 26, sec. 50. Fa-senmeyer contends on appeal that the trial court erred in failing to sustain his Motion to Dismiss for Lack of Jurisdiction because: (1) the Kansas City Municipal Division did not have original jurisdiction over the underlying action brought pursuant to municipal ordinance 26.50, due to the 1978 amendment of Art. V, § 27 of the Missouri Constitution which abolished the Kansas City Municipal Court and replaced it with the Kansas City Municipal Division; and (2) the Municipal [197]*197Division did not have original jurisdiction based on Art. V, § 27.16 of the Missouri Constitution.

The judgment of the trial court is affirmed.

On April 25, 1994, Fasenmeyer was charged with stealing a purse and $34.00 in violation of Kansas City, Mo.Rev.Ordinance, ch. 26, .sec. 50 (“Ord. 26.50”). On June 29, 1994, Fasenmeyer was tried and found guilty of stealing in the Kansas City Municipal Division 204. Fasenmeyer timely perfected an application for a trial de novo to the Circuit Court of Jackson County, Missouri.

On September 2,1994, Fasenmeyer filed a Motion to Dismiss for Lack of Jurisdiction contending that the Municipal Division lacked original jurisdiction over violations of Ord. 26.50. For this reason, the circuit court lacked derivative jurisdiction. The circuit court denied Fasenmeyer’s motion.

On September 7 and 8, 1994, Fasenmeyer was tried de novo before a jury. He was found guilty of stealing in violation of Ord. 26.50, and sentenced to six-months imprisonment and fined $250.00.

On September 21, 1994, Fasenmeyer filed a Motion for a New Trial again contending that the Municipal Division lacked jurisdiction. The circuit court overruled his motion on December 12,1994. This appeal followed.

In his first point, Fasenmeyer contends that the circuit court erred in denying his Motion to Dismiss for Lack of Jurisdiction because the Kansas City Municipal Division did not have original jurisdiction over the underlying action brought pursuant to Ord. 26.50. Fasenmeyer contends that the Municipal Division’s original jurisdiction was abolished by the amendment of Art. V, § 27 of the Missouri Constitution in 1978.

Art. V, § 27 of the Missouri Constitution was amended effective January 2, 1979. Pursuant to this amendment certain municipal courts ceased to exist and were replaced by municipal divisions of the circuit courts. See Mo. Const. Art. V, § 27.2. This amendment abolished the Kansas City Municipal Court and replaced it with the Kansas City Municipal Division.

Fasenmeyer contends that the new Municipal Division does not have original jurisdiction over any municipal ordinances in existence prior to the effective date of the amendment to Art. V, § 27. Rather, the Kansas City City Council was required to pass an ordinance conferring original jurisdiction on the Municipal Division or to reenact all previously existing municipal ordinances. Fasenmeyer contends that because the Kansas City City Council never took such action, the Municipal Division does not have original jurisdiction. For this reason, Division 4 of the Jackson County Circuit Court also does not have derivative jurisdiction.

Review is under the standard established by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). The trial court’s decision must be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. at 32.

The Missouri Supreme Court addressed the power of the legislature to abolish a court and transfer the jurisdiction of that court to another in Randal v. Kline’s, Inc., 322 Mo. 746, 18 S.W.2d 500 (Mo.1929). In that case, Randol was arrested in Kansas City, Missouri, and tried before the police court. The 1908 Charter of Kansas City was in effect at the time of Randol’s trial. It provided that her appeal “shall be to the Criminal Court of Jackson County.” Id., 18 S.W.2d at 508. In accordance with this, on June 28, 1923, Ran-dol perfected her appeal to the criminal court of Jackson County. The criminal court of Jackson County, however, was abolished by the Missouri legislature effective January, 1923, as follows:

On the first Monday of January, 1923, the criminal court of Jackson county and the office of judges and clerk thereof shall be abolished, and all jurisdiction and powers then vested in said court or the judges thereof shall be transferred to, vested in, and thereafter exercised by the circuit court of the 16th judicial circuit ...

Id. (citing The Laws of 1921). Because of this, Randol’s appeal was sent to and lodged in the criminal division of the circuit court of Jackson County.

[198]*198Kline’s, Inc. argued on appeal that the circuit court did not have jurisdiction over Randol’s appeal because the Kansas City Charter only allowed an appeal to the criminal court. The Missouri Supreme Court rejected this argument holding that the circuit court had jurisdiction over Randol’s appeal. In so holding, the court explained that the “criminal court of Jackson county was a creature of the state, not of Kansas City. Therefore the state could abolish it, which it did.” Id. However, when the criminal court of Jackson County was abolished, “the state, as was done in this instance, had the right and power to confer and vest its jurisdiction in a competent court.” Id. Thus, while the criminal court was abolished, the legislature had the power to and did vest the jurisdiction of that court in the circuit court. Id.

Similarly, in this case the state had the power to and did abolish the Municipal Court. However, at the same time that the State abolished the Municipal Court it transferred the jurisdiction of that court to the new Municipal Division. Under Art. V, § 27(2)(d), the jurisdiction of the abolished municipal court was transferred to the circuit court, which was made a division of the circuit court, as follows:

The jurisdiction of municipal courts shall be transferred to the circuit court of the circuit in which such municipality or major geographical area thereof shall be located and, such courts shall become divisions of the circuit court. When such courts cease to exist, all records, papers and files shall be transferred to the circuit court which may designate the place where such records may be maintained.

Mo. Const. Art. V, § 27.2(d).

Further evidence that the jurisdiction of the Municipal Court was transferred to the new Municipal Division is found in Chapter 479, Municipal Courts, which was enacted at the same time that Art. V, § 27, was amended. Section 479.010, RSMo 1986,1

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
907 S.W.2d 195, 1995 WL 507440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-kansas-city-v-fasenmeyer-moctapp-1995.