Laclede Gas Co. v. City of Woodson Terrace

622 S.W.2d 315, 1981 Mo. App. LEXIS 3159
CourtMissouri Court of Appeals
DecidedJuly 28, 1981
DocketNo. 42959
StatusPublished

This text of 622 S.W.2d 315 (Laclede Gas Co. v. City of Woodson Terrace) 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
Laclede Gas Co. v. City of Woodson Terrace, 622 S.W.2d 315, 1981 Mo. App. LEXIS 3159 (Mo. Ct. App. 1981).

Opinion

STEWART, Judge.

This is an appeal by three municipalities in St. Louis County from a judgment declaring their sales tax ordinances on domestic use of gas, electricity and water void and enjoining them from imposing any sales tax in the future. The judgment also enjoined plaintiffs who are utility companies from billing, collecting or administering any sales tax within St. Louis County. The court further held that recent state legislation exempts all sales of utilities for domestic use from the application of. the sales tax law imposed by the sales tax ordinance of St. Louis County. We affirm in part and reverse in part.

Separate actions were originally brought by St. Louis County Water Company, Union Electric Company and Laclede Gas Company, plaintiffs, against the municipalities of Woodson Terrace, Beverly Hills, Creve Co-eur, Olivette, University City, Ellisville, Manchester, Pacific and Cool Valley. The actions were consolidated and St. Louis County was added as a party defendant. The municipal defendants filed cross claims against St. Louis County seeking an order directing St. Louis County to enforce its ordinance imposing its sales tax on the sale of gas, electricity and water.1 The cause was heard upon a stipulation as to the facts and documentary evidence. Three of the nine municipalities have appealed.

This appeal was originally lodged in the Supreme Court of Missouri upon the theory that it involved “the construction of revenue laws of this state” under Art. 5, § 3 of the Constitution of Missouri. Mo.Const. of 1945, Art. 5, § 3 (1970). The Supreme Court transferred the cause to this court. We have some doubt as to our jurisdiction because what we consider to be the clear and unambiguous meaning of the statutes involved does not comport with the reading given the statutes by any of the parties. In the review we take of the language of the statute, we do not construe the statute but apply it as written. State ex rel. Crawford County, etc. v. Bouse, 586 S.W.2d 61, 63 (Mo.App.1979).

Some background as to the history of the sales tax law is necessary to an understanding of the issues and their solution. Prior to 1977 the municipalities who are parties to this action had imposed sales taxes in accordance with the authority vested in them by the City Sales Tax Act §§ 94.500 to 94.570 RSMo 1969. By this act the municipalities were authorized to impose sales tax but only to the extent that the Sales Tax Law, §§ 144.010 to 144.510 RSMo 1969, [317]*317defined a transaction as a taxable event. At that time “sales at retail” was defined as including “[s]ales of electricity, electrical current, water and gas, natural or artificial, to domestic, commercial or industrial customers.” § 144.010.1(8)(b) RSMo 1969. All of the municipalities who are parties to this action included as a taxable event in their ordinances the sale of electricity, water and gas to domestic, commercial and industrial users of the commodities.

In 1977 the legislature enacted §§ 66.600 to 66.635 RSMo Supp. 1977. This act authorized St. Louis County to impose a countywide sales tax upon approval of a majority of the qualified voters of St. Louis County. The proceeds of such a tax are to be distributed to municipalities in accordance with the formula established by § 66.620 RSMo Supp. 1977. This act also provides that once the county-wide sales tax has been duly enacted, “no city sales tax may be imposed by any city, town or village which is wholly or partially within the county ... and any ordinance which may have been enacted to impose such a tax prior to the effective date of the county sales tax ... shall be void and of no effect .” § 66.600.1 RSMo Supp. 1977. However, “if the county sales tax is repealed or becomes otherwise inapplicable,” the municipal ordinances would be effective without a re-enactment. § 66.600.1 RSMo 1978.

In accordance with the authorization of the qualified voters of St. Louis County, the County enacted an ordinance imposing a 1% sales tax “to the extent and in the manner that [sales at retail] are subject to taxation by the State of Missouri under the provisions of Chapter 144 R.S.Mo. and the rules and regulations of the Director of Revenue of Missouri issued pursuant thereto.” St. Louis County Ordinance No. 8496 (Dec. 22, 1977).

The enactment of Ordinance No. 8496 by St. Louis County had the effect of nullifying the sales tax ordinances of municipalities within St. Louis County subject to revival upon the conditions set out in § 66.-600.1 RSMo 1978.

In 1979 the legislature extensively amended the Sales Tax Law, §§ 144.010 to 144.250 RSMo Supp. 1979. The 1979 act significantly increased the number of exemptions from the imposition of sales tax. In pertinent part § 144.030 RSMo Supp. 1979 provides:

“2. There are also specifically exempted from the provisions of sections 66.600 to 66.635, RSMo, [St. Louis County Sales Tax] ... sections 94.500 to 94.570, RSMo, [Municipal Sales Tax] ... and sections 144.010 to 144.510 and 144.600 to 144.745 and from the computation of the tax levied, assessed or payable under sections 66.600 to 66.635 RSMo, ... sections 94.-500 to 94.570, RSMo ... and sections 144.010 to 144.510 and 144.600 to 144.745:
(23) Except as otherwise provided in section 144.032, all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil for domestic use and in any city not within a county, all sales of metered or unmetered water service for domestic use. ‘Domestic use’ means that portion of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil, and in any city not within a county, metered or unmetered water service, which an individual purchaser uses for nonbusiness, noncommercial or nonindustrial purposes ....”

The section of the statute referred to above reads as follows:

“144.032. Cities or counties may impose sales tax on utilities — determination of domestic use
The provisions of section 144.030, to the contrary notwithstanding, any city imposing a sales tax under the provisions of sections 94.500 to 94.570, RSMo, or any county imposing a sales tax under the provisions of sections 66.600 to 66.635, RSMo, or any county imposing a sales tax under the provisions of sections 67.500 to 67.545, RSMo, may by ordinance impose a sales tax upon all sales of metered water services, electricity, electrical current and [318]*318natural, artificial or propane gas, wood, coal, or home heating oil for domestic use only. Such tax shall be administered by the department of revenue in the same manner as any other city or county sales tax. Domestic use shall be determined in the same manner as the determination of domestic use for exemption of such sales from the state sales tax under the provisions of section 144.030.”

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Related

First Nat. Bank of St. Joseph v. Buchanan County
205 S.W.2d 726 (Supreme Court of Missouri, 1947)
State ex rel. Crawford County R-II School District v. Bouse
586 S.W.2d 61 (Missouri Court of Appeals, 1979)

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Bluebook (online)
622 S.W.2d 315, 1981 Mo. App. LEXIS 3159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laclede-gas-co-v-city-of-woodson-terrace-moctapp-1981.