Plaster v. Lebanon Special Road District of Laclede County

611 S.W.2d 560, 1981 Mo. App. LEXIS 2599
CourtMissouri Court of Appeals
DecidedJanuary 22, 1981
DocketNo. 11704
StatusPublished
Cited by6 cases

This text of 611 S.W.2d 560 (Plaster v. Lebanon Special Road District of Laclede County) 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
Plaster v. Lebanon Special Road District of Laclede County, 611 S.W.2d 560, 1981 Mo. App. LEXIS 2599 (Mo. Ct. App. 1981).

Opinion

BILLINGS, Judge.

Suit for specific performance or in the alternative for damages for breach of contract. Plaintiffs, husband and wife, were owners and developers of a subdivision and claimed defendant, a special road district organized under Chapter 233, RSMo 1969, had agreed to pave a road from a nearby highway and roads within the subdivision. Trial was to the court and judgment was entered for defendant on both counts of plaintiffs’ petition. We affirm.

Our review of this bench trial is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976), and we are not to disturb the decree or judgment of the trial court unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law. There is substantial evidence that the Board of Commissioners made no agreement as alleged by the plaintiffs and the trial court did not erroneously declare or apply the law.

Plaintiffs’ petition alleged, inter alia, “That plaintiffs agreed to prepare the roadways in said subdivision to certain spec[562]*562ifications of defendant and to convey the same to Laclede County, Missouri, for use as public roadways and defendant agreed to pave the same with a bituminous surface during the 19771 paving season for the consideration of Seventy Cents per running foot of said roadways.”

The Lebanon Special Road District of Laclede County, defendant herein, was organized pursuant to Chapter 233, RSMo 1969. As such it was a body corporate and possessed the usual powers of a corporation for public purposes. § 233.025. The governing authority of the district was vested in a Board of Commissioners [§ 233.070] composed of three individuals [§ 233.040]. One commissioner served as chairman of the Board and another as clerk, the latter having the statutory duty of keeping “full and accurate record of the proceedings of the board....” § 233.050. By § 233.065 the Board was required to meet once a month at stated times to consider authorized business and called meetings could be held for specified matters. Other statutes found in Chapter 233 spell out the Board’s powers and duties in conducting the business of the road district.

There was no evidence that the Board ever discussed the blacktopping of the roads at a regular monthly meeting or a special call meeting. No minutes or records of the Board were offered as evidence in the case. The chairman testified that he had several telephone conversations with plaintiff Robert W. Plaster about (1) the work to be done on the roadways in the subdivision by plaintiffs before the roadways would be accepted by the district and (2) that he had agreed that the roads would be blacktopped for plaintiffs for seventy cents per running foot and thereafter the other two commissioners agreed to this proposal. The other two commissioners testified that all three members of the Board had inspected the roadways and agreed to accept them as part of the district’s roads2 but stated they at no time ever agreed to blacktop the roadways in question. Furthermore, the two commissioners stated the district did not approve any paving projects unless all three commissioners were in agreement.

A Memorandum of Judgment filed by the trial court is as follows:

“The Court upon reviewing the exhibits and evidence presented in trial finds that the Lebanon Special Road District No. 1 was organized under Chapter 233 of the Revised Statutes of Missouri and that the roads in question lie within the boundaries of the Road District consisting in part of roads through the Rockwood Estates subdivision owned by Plaintiffs.
The Court finds from the evidence that the business of the Road District is supervised by three commissioners appointed to three year terms.
There was testimony from former commissioners that business was conducted by the three commissioners and the practice was for all three commissioners to agree upon work to be done or commit the road district to do work for individuals on roads that had been taken into the system of roads within the boundaries of the district.
The Court finds from the evidence and from the testimony of Mr. Alvin Burney that Mr. Burney discussed with the Plaintiff, Robert Plaster, the requirements of building roads and the standards expected before the commissioners would accept [563]*563the roadways into the road system of the Lebanon Special Road District No. 1.
Mr. Burney went to the Rockwood Estates subdivision and viewed the roads with the two commissioners who were then serving with him, Mr. Vernie Smith and Mr. Roy Harrill at the time Plaintiff, Robert Plaster, advised him that he had completed the road work necessary to meet the District’s standards for acceptance by the District.
Mr. Burney testified that the three commissioners agreed that the roadways were in compliance with their required specifications and the three commissioners agreed to accept them into the system.
Thereafter Mr. Burney had further discussions with the Plaintiff, Robert Plaster, and Mr. Burney agreed that the Road District would pave the road with the Road District supplying the labor and materials, and Plaintiff, Robert Plaster, to reimburse the District for the materials only at the rate of $0.70 per running foot for a 20 foot wide chip-and-seal road surface.
Testimony from various witnesses showed a pattern of operation by the commissioners that all three would agree and commit the road district to do paving for various owners without any agreements being reduced to writing.
From the testimony of Defendant’s witness, Vernie Smith, who was as mentioned before, one of the commissioners with Mr. Burney, the Court finds that Mr. Smith did go to the site with the other two commissioners to inspect the roads and did agree to accept the roads of Rockwood Estates into the Road Districts system of roads.
Vernie Smith testified that he did not at any time agree at the request of Plaintiff, Robert Plaster, or of Commissioner Burney to commit the District to chip- and-seal Plaintiffs’ subdivision roads.
Defendant’s witness, Commissioner Roy Harrill, also testified that he went to the Rockwood Estates subdivision and inspected the roads along with Mr. Burney and Mr. Smith and agreed with them to accept the roads into the system.
Mr. Harrill also testified that he did not at any time agree to commit the District to Plaintiffs’ subdivision roads.
Testimony from Mr. Plaster and Mr. Burney was that the agreement was entered into either in late 1976 or early 1977 and upon recall of Mr. Burney to the witness stand at the Court’s request, Mr. Burney stated that the agreement was entered into after the roads were inspected by the three commissioners and accepted into the systems which would be in early 1977.
Therefore the Court finds that there was not an agreement by all three commissioners to bind the road district to do the paving as negotiated with Mr. Burney by the Plaintiff, Robert Plaster.
The Court finds that Mr.

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

Related

Rail Switching Services, Inc. v. Marquis-Missouri Terminal, LLC
533 S.W.3d 245 (Missouri Court of Appeals, 2017)
Coursen v. City of Sarcoxie
124 S.W.3d 492 (Missouri Court of Appeals, 2004)
State ex rel. Dussault v. Board of Adjustment
901 S.W.2d 318 (Missouri Court of Appeals, 1995)
Klotz v. Savannah R-III School District
747 S.W.2d 708 (Missouri Court of Appeals, 1988)
Boyd v. Boone Management, Inc.
676 S.W.2d 24 (Missouri Court of Appeals, 1984)
Vochatzer v. Public Water Supply District No. 1 of Lafayette County
637 S.W.2d 418 (Missouri Court of Appeals, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
611 S.W.2d 560, 1981 Mo. App. LEXIS 2599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plaster-v-lebanon-special-road-district-of-laclede-county-moctapp-1981.