Mercantile Bank of Illinois, N.A. v. School District of Osceola

834 S.W.2d 737, 1992 Mo. LEXIS 94, 1992 WL 118864
CourtSupreme Court of Missouri
DecidedJune 2, 1992
DocketNo. 74542
StatusPublished
Cited by9 cases

This text of 834 S.W.2d 737 (Mercantile Bank of Illinois, N.A. v. School District of Osceola) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercantile Bank of Illinois, N.A. v. School District of Osceola, 834 S.W.2d 737, 1992 Mo. LEXIS 94, 1992 WL 118864 (Mo. 1992).

Opinion

ROBERTSON, Chief Justice.

The issue in this case is whether a lease entered by a school district of this state violates article VI, section 26(a) of the Missouri Constitution and is therefore void and unenforceable, where the lease requires the payments by the school district for a period exceeding one year. The trial court sustained the school district’s motion for summary judgment. On appeal, the Court of Appeals, Southern District, affirmed. We granted transfer to consider the important question raised in this case. We have jurisdiction. Mo.Const. art. V, § 10. The judgment of the trial court is reversed and the cause is remanded for trial.

I.

Mercantile Bank of Illinois, N.A., (the Bank) is the assignee of a copier lease agreement between the School District of Osceola (the School District) and Equity Rental Company, Inc. (Equity). The Bank’s amended petition alleges that on or about August 24, 1987, Equity and the School District entered into a sixty-month lease agreement by which the School District leased two photocopy machines and agreed to pay $300 monthly. Under the lease agreement, the School District could not modify or cancel the lease, title to the copiers remained with the lessor, and all payments are accelerated on default.

The petition further alleges that Equity assigned its interest in the lease to the Bank and that the School District defaulted in making the required lease payments on August 4, 1990. The Bank filed suit, seeking accelerated payments under the lease of $8,569.20 plus interest, attorney fees, and costs.

The School District filed a motion for summary judgment, arguing that under article VI, section 26(a), it had no authority to enter into a multi-year lease and that any contract entered in violation of this constitutional provision was void. The trial court entered its order sustaining the School’s motion for summary judgment finding that no genuine issue of material fact existed and that the School District was entitled to summary judgment as a matter of law.

II.

Article VI, section 26(a), provides:

No county, city, incorporated town or village, school district or other political corporation or subdivision of the state shall become indebted in an amount exceeding in any year the income and revenue provided for such year plus any unencumbered balances from previous years, except as otherwise provided in this constitution.

Article VI, section 26(a), serves the salutary purpose of prohibiting political subdivisions of this state from expending funds they do not have.

The evident purpose of [section 26(a)] ... was to abolish, in the administration of county and municipal government, the credit system and establish the cash system by limiting the amount of tax which might be imposed by a county for county purposes, and limiting the expenditures in any given year to the amount of revenue which such tax would bring into the treasury that year.

Ebert v. Jackson County, 70 S.W.2d 918, 919 (Mo.1934), quoting Book v. Earl, 87 Mo. 246 (1885) (Interpreting its similarly worded predecessor article X, section 12 (1875)).

In Grand River Township v. Cooke Sales and Services, Inc., 267 S.W.2d 322 (Mo.1954), this Court extended Ebert to prohibit any multi-year contract entered by a political subdivision.

Section 26 of Article VI of the Constitution prohibits any political subdivision of the state from becoming “indebted in an amount exceeding in any year the income and revenue provided for such year,” 26(a) except “by vote of two-thirds of the qualified electors thereof voting thereon.” 26(b). It has been well established [739]*739that this means no contract of such a political subdivision is valid which obligates it to make payments in subsequent calendar years.... [In such a case] there was no actual contract to be rescinded.

[Emphasis added.] Id. at 325.

The School District argues that Grand River Township decides this case. The Bank acknowledges that if Grand River Township is the law, the trial court did not err in entering summary judgment. Nevertheless, the Bank argues that Grand River Township is an incorrect reading of the constitution and should be overruled.

This Court abandoned the inflexibility of Grand River Township within a year. State ex rel. Strong v. Cribb, 273 S.W.2d 246 (Mo. banc 1954), involved an agreement under which Macon County agreed to lease road machinery and make payments over a three-year period. On default, the lease permitted the county to return the machinery within 15 days. Strong seems to say, though its reasoning is painfully obtuse, that where there are sufficient unencumbered funds in the county treasury to pay the entire contract amount at the time the contract is entered, the county may choose to pay the contractual amount over a period of years without violating article VI, section 26(a). Proceeding on the assumption that the agreement in question was “a sale and not a rental,” the Court said:

[T]here remained in the county treasury, at the end of 1952, a sum unencumbered sufficient in amount so that the County Court, ... could, if it saw fit, pay the entire amount due under the contract out of the unencumbered balance.

Id. at 250. The Court held that the agreement did not violate the constitution or the county budget law. Judge Hyde, who had written Grand River Township barely seven months before, dissented vigorously, arguing that the agreement violated article VI, section 26(a). In the face of this uncertainty in the precedent, we believe that a fresh consideration of the demands of article VI, section 26(a), is warranted.

As this case involves a school district, article VI, section 26(a), applies. Once that threshold is crossed, the next inquiry centers on whether the lease under scrutiny creates an indebtedness of the School District. Under the teaching of Scroggs v. Kansas City, 499 S.W.2d 500, 504 (Mo.1973), a lease that creates “indebtedness which must be paid in all events” is a debt for purposes of article VI, section 26(a). The clear language of the School District’s lease shows that the School District intended to create an obligation that must be paid in all events. For the sake of argument, we will proceed along the assumption that the lease agreement in question here is a debt within the meaning of section 26(a). (As will be discussed below, however, we are not convinced article VI, section 26(a), requires that the total of all lease payments due under a lease be considered in determining whether the constitutional limitation is exceeded.)

Article VI, section 26(a), does not prohibit all indebtedness. It prohibits only indebtedness “in an amount exceeding in any year the income and revenue provided for such year plus any unencumbered balances from previous years.” [Emphasis added.] This language is ambiguous.

Three different interpretations immediately suggest themselves.

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Bluebook (online)
834 S.W.2d 737, 1992 Mo. LEXIS 94, 1992 WL 118864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercantile-bank-of-illinois-na-v-school-district-of-osceola-mo-1992.