Missouri Municipal League, City of Springfield, and Richard Sheets v. State of Missouri

489 S.W.3d 765, 2016 WL 2996805, 2016 Mo. LEXIS 157
CourtSupreme Court of Missouri
DecidedMay 24, 2016
DocketSC95337
StatusPublished
Cited by13 cases

This text of 489 S.W.3d 765 (Missouri Municipal League, City of Springfield, and Richard Sheets v. State of Missouri) 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
Missouri Municipal League, City of Springfield, and Richard Sheets v. State of Missouri, 489 S.W.3d 765, 2016 WL 2996805, 2016 Mo. LEXIS 157 (Mo. 2016).

Opinions

Zel M. Fischer, Judge

The Missouri Municipal League, the City of Springfield, and Richard Sheets (collectively, “plaintiffs”) appeal the circuit court’s judgment for the State on the plaintiffs’ challenge to the constitutional validity of two bills passed by the General Assembly. This Court has jurisdiction of the appeal pursuant to article V, § 3 of the Missouri Constitution. The circuit court’s judgment is affirmed.'

Factual and Procedural History

In 2013, the General Assembly passed House Bill 331 and House Bill 345, which repealed and enacted in lieu thereof numerous sections dealing with local government control over telecommunications infrastructure permitting and public right-of-way. Later that year, a circuit court ruled H.B. 331 and H.B. 345 were enacted in violation of procedural requirements of the Missouri Constitution; The State appealed the circuit court’s judgment to this Court. With the State’s appeal still pending, the General Assembly passed Senate Bill 649 and Senate Bill 650 in early 2014. S.B. 649 and S.B. 650 repealed and enacted in .lieu thereof some of the same sections as had H.B. 331=and H.B. 345 and, in doing so, set forth the text of H.B. 331 and H.B. 345 as the then-existing law for the relevant sections with proposed changes noted.

Two days before S.B. 649 and S.B. 650 became effective (and two days before this Court dismissed the State’s appeal in the H.B. 331 and H.B. 345 case1), the Missouri Municipal League,2 the City of Springfield, and Richard Sheets brought suit challenging S.B. 649 and S.B. 650 under the Missouri Constitution. The plaintiffs sought a declaratory judgment .and injunctive relief, claiming: (1) the contents of the bills violated article I, § 13’s prohibition against retrospective laws; article III, § 40(28)’s prohibition on special laws, and article X, § 21’s prohibition on unfunded mandates; and (2) the bills were enacted in violation of article III, § 28. The State moved to dismiss.the substantive claims, and both sides moved for a judgment on the pleadings for the enactment claims. The circuit court sustained the State’s. motions, and the plaintiffs appealed to this Court.

Standard of Review

“This Court reviews the trial court’s grant of a motion to dismiss de novo.” Foster v. State, 352 S.W.3d 357, 359 (Mo. banc 2011). , “In determining whether a motion to dismiss should have been granted, the appellate court reviews the petition, % an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action, or of a cause that might be adopted in that case.’ ” Id. “The position of a party moving for judgment on the pleadings is [768]*768similar to that of a movant on a motion to dismiss; i.e., assuming the facts pleaded by the opposite party to be true, these facts are, nevertheless, insufficient as a matter of law.” State ex rel. Nixon v. Am. Tobacco Co., 34 S.W.3d 122, 134 (Mo. banc 2000) (internal quotations omitted). “A trial court properly grants a motion for judgment on the pleadings if, from the face of the pleadings, the moving party is entitled to a judgment as a matter of law.” Id.

Retrospective Law Claim

The plaintiffs argue the circuit court erred in dismissing their retrospective law claim based on lack of standing because the City of Springfield and the Missouri Municipal League have standing in that they are directly and adversely affected by the laws enacted by S.B. 649. In general, a plaintiff has standing to bring an action for declaratory judgment “if the plaintiff is directly and adversely affected by the action in question.” Ste. Genevieve Sch. Dist. R-II v. Bd. of Aldermen of City of Ste. Genevieve, 66 S.W.3d 6, 10 (Mo. banc 2002). However, even if the City of Springfield and the Missouri Municipal League have standing to bring an action for declaratory judgment under the general criteria, see Planned Indus. Expansion Auth. of City of St. Louis v. Sw. Bell Tel. Co., 612 S.W.2d 772, 776 (Mo. banc 1981), this does not mean they have a recognized claim pursuant to article I, § 13’s prohibition against retrospective laws. Our constitutional prohibition against laws retrospective in operation is located in our citizen bill of rights. “Because the retrospective law prohibition was intended to protect citizens and not the state, the legislature may constitutionally pass retrospective laws that waive the rights of the state.” Savannah R-III Sch. Dist. v. Pub. Sch. Ret. Sys. of Mo., 950 S.W.2d 854, 858 (Mo. banc 1997). By extension, the legislature may also waive or impair the vested rights of political subdivisions, such as cities, without violating the prohibition on retrospective laws. Id; see also Barton Cnty. v. Walser, 47 Mo. 189, 205 (Mo.1871). Therefore, the petition failed to state a permissible claim by a municipality pursuant to article I, § 13 and the State was entitled to a dismissal of this claim.

Special Law Claim

The plaintiffs argue the circuit court erred in dismissing their special law claim pursuant to article III, § 40(28) of the Missouri Constitution, which prohibits the General Assembly from passing any special law “granting to any corporation, association or individual any special or exclusive'right, privilege or immunity.” “A special law includes less than all who are similarly situated ... but a law is not special if it applies to all of a given class alike and the classification is made on a reasonable basis.” Alderson v. State, 273 S.W.3d 533, 538 (Mo. banc 2009) (internal quotations omitted). “A law based on open-ended characteristics is not facially special and is presumed to be constitutional.” Id. (internal quotations omitted). Here, the plaintiffs made a mere concluso-ry allegation that § 67.1842.1(6), as enacted by S.B. 649, is an unconstitutional special law. That section applies to “any public utility that has legally been granted access to the political subdivision’s right-of-way.” The petition offered no supporting facts as to how § 67.1842.1(6) “includes less than all who are similarly situated” or is not “based on open-ended characteristics.” “Missouri rules of civil procedure demand more than mere conclusions that the pleader alleges without supporting facts.” Transit Cas. Co. ex rel. Pulitzer Publ’g Co. v. Transit Cas. Co. ex rel. Intervening Emps., 43 S.W.3d 293, 302 (Mo. banc 2001); Rule 55.05. The [769]*769text of S.B. 649 does ■ not apply to a “closed class,” and the conclusory allegations in the petition did not state a claim pursuant to article III, § 40(28). Therefore, the State was entitled to a dismissal of this claim.

Unfunded Mandate Claim

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489 S.W.3d 765, 2016 WL 2996805, 2016 Mo. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missouri-municipal-league-city-of-springfield-and-richard-sheets-v-state-mo-2016.