Moats v. Pulaski County Sewer District No. I

23 S.W.3d 868, 2000 Mo. App. LEXIS 986, 2000 WL 793915
CourtMissouri Court of Appeals
DecidedJune 21, 2000
DocketNo. 23024
StatusPublished
Cited by4 cases

This text of 23 S.W.3d 868 (Moats v. Pulaski County Sewer District No. I) 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
Moats v. Pulaski County Sewer District No. I, 23 S.W.3d 868, 2000 Mo. App. LEXIS 986, 2000 WL 793915 (Mo. Ct. App. 2000).

Opinion

KERRY L. MONTGOMERY, Presiding Judge.

Pulaski County Sewer District No. I (Appellant) appeals from a judgment which declared invalid its regulations compelling Respondents to connect their residential wastewater systems to Appellant’s sewer line and ordered Appellant to pay Respondents’ damages and attorneys’ fees. Appellant contends the trial court’s declaration was erroneous because the regulations were authorized by statute and were a valid exercise of Appellant’s police power. We affirm the judgment.

This matter came before the trial court on a stipulated record. Appellant is a common sewer district lawfully organized and operating pursuant to chapter 204.1 Appellant’s board of trustees adopted “Pulaski County Sewer District No. I Sewer Use Rules and Regulations” to “regulate the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system(s).... ” Article II, § 4 of these regulations requires all owners of houses and buildings located within the sewer district to connect any toilet “facilities directly with the proper public sewer in accordance with the provisions of these rules and regulations, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the owners’ property line.”

Respondents agree that they “owned a house, building, or other property located within the area serviced by [Appellant].” They also admit that “there was a public sewer operated by [Appellant] within 300 feet of [Respondents’] property lines, and that, although being requested to do so, they had not, within ninety (90) days after date of notice to do so, connected their property with the public sewer owned and operated by [Appellant].”

On March 18, 1996, Appellant wrote letters to Respondents notifying them that they owed fees “for services from the Sewer District.” The letters also informed Respondents that Appellant would be filing hens on Respondents’ properties if they did not pay the charges within fifteen days. On March 28, 1996, Respondents wrote Appellant denying that they owed fees because they did not use Appellant’s services as they disposed their wastewater in lagoon treatment facilities on their properties. On April 11, 1996, Appellant filed liens on Respondents’ properties.

During the dispute between Appellant and Respondents, the Missouri Department of Natural Resources (MDNR) became involved.2 On April 23, 1996, the [870]*870Missouri Attorney General’s Office, on behalf of MDNR, issued a letter ordering Respondents to connect their waste disposal systems to Appellant’s sewer lines. The letter suggested that Respondents’ waste-water systems did not comply with the Missouri Clean Water Law and informed Respondents that they could alleviate the alleged violations by connecting to Appellant’s sewer lines.

Thereafter, Respondents filed suit against Appellant alleging that Appellant had slandered Respondents’ title and effectively imposed a tax upon them in violation of the Missouri Constitution. Respondents sought a declaratory judgment holding that Appellant had no authority to compel Respondents to connect to Appellant’s sewer lines. The Director of MDNR was also named as a defendant to the suit. Appellant filed a counter claim seeking the fees it claimed Respondents owed and a declaratory judgment affirming its authority to compel Respondents to connect to its sewer lines pursuant to its “Rules and Regulations.”

Before the case went to trial, MDNR filed a motion to dismiss, or in the alternative, a motion for summary judgment. In its suggestions in support of this motion, MDNR asserted that it had jurisdiction over Respondents’ wastewater treatment facilities under Missouri’s Clean Water Law, and that the administrative process was still underway. The trial court issued an order of summary judgment dismissing MDNR from the case on the basis that the court lacked subject matter jurisdiction over the controversy because Respondents had not exhausted all administrative remedies.3

On January 28, 1999, a hearing was held on the matter. On April 2, 1999, the trial court entered a judgment finding in favor of Respondents. The trial court determined that no provision in its “Rules and Regulations” authorized Appellant to charge fees to a property owner who was unconnected to the sewage system. Therefore, the trial court concluded that Respondents did not owe user fees or connections fees to Appellant. The trial court found that the liens were recorded in an attempt to collect an invalid debt and contained materially false statements. It awarded Respondents damages for the period of time their land was unmarketable due to the liens.

The trial court went on to note that “the task of overseeing waste water discharge has been delegated by statute, to the Missouri Clean Water Commission [in § 644.026].” The court concluded that the Missouri General Assembly “has not delegated authority to [Appellant] to compel residents to connect waste water facilities to [Appellant’s] lines.” The court declared that, absent such authorization, Appellant’s regulations requiring residents to connect to the sewer lines were invalid and could not be enforced. The trial court ordered Appellant to pay Respondents’ attorneys’ fees and costs.

The trial court filed an Amended Judgment on April 28, 1999, incorporating the original judgment and clarifying the monetary awards. This appeal followed.

Appellate review of this court-tried case is governed by the principles set forth in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Clark v. Clark, 919 S.W.2d 253, 254 (Mo.App.1996). We must affirm the judgment of the trial court unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. Murphy, 536 S.W.2d at 32.

In its sole point on appeal, Appellant claims the trial court erred in declaring invalid Appellant’s regulations compelling Respondents to connect their home waste systems to Appellant’s sewer line. Appellant argues that such regulations [871]*871“were remedial in nature and were authorized by Chapters 204 and 250 of the Revised Statutes of Missouri” and, therefore, were not preempted by the Missouri Clean Water Law. Appellant suggests that the regulations were a lawful exercise of its police power as a political subdivision of Missouri because there is a substantial relationship between requiring property owners to connect to public sewers and the preservation of public health, safety, and welfare.

Appellant maintains that “the State of Missouri has lawfully delegated the police power of the state over drainage and sewerage to both municipalities and sewer districts.” Appellant asserts it has “specific authority5’ to require Respondents to connect to its sewer system pursuant to §§ 204.320, 204.330, and 250.240.

“In construing statutes, our primary focus is to ascertain the intent by giving the plain and ordinary meaning to the language employed by the legislature.” State ex rel. Whiteco Indus., Inc., v. Bowers, 965 S.W.2d 203

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

Related

Yates v. Progressive Preferred Insurance Co.
331 S.W.3d 324 (Missouri Court of Appeals, 2011)
Anderson Ex Rel. Anderson v. Ken Kauffman & Sons Excavating, L.L.C.
248 S.W.3d 101 (Missouri Court of Appeals, 2008)
Smith v. Missouri Local Government Employees Retirement System
235 S.W.3d 578 (Missouri Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
23 S.W.3d 868, 2000 Mo. App. LEXIS 986, 2000 WL 793915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moats-v-pulaski-county-sewer-district-no-i-moctapp-2000.