State Ex Rel. Becker v. Wellston Sewer District

58 S.W.2d 988, 332 Mo. 547, 1933 Mo. LEXIS 507
CourtSupreme Court of Missouri
DecidedMarch 21, 1933
StatusPublished
Cited by22 cases

This text of 58 S.W.2d 988 (State Ex Rel. Becker v. Wellston Sewer District) 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
State Ex Rel. Becker v. Wellston Sewer District, 58 S.W.2d 988, 332 Mo. 547, 1933 Mo. LEXIS 507 (Mo. 1933).

Opinion

*556 ELLISON, J.

This is an original proceeding in mandamus to compel the respondent board of supervisors of the Wellston Sewer District of St. Louis County to proceed with the organization thereof in accordance with the provisions of Chapter 65, Revised Statutes 1929, enacted by Laws 1927, page 439. This act was repealed by Laws 1931, page 355. During the intervening four years certain steps had been taken toward the organization of the district, but with the repeal of law under which it was created the board of supervisors refused to go further. The relators, who are property owners and taxpayers in the district, contend the organization had progressed to a point such as gave them a vested right to have the sewer project carried out and they say that' right was violated by the repealing statute. For this and numerous other reasons they maintain that Laws 1931, page 355, is unconstitutional. These questions are presented in relators’ petition for our writ and respondents’ demurrer thereto.

The 1927 law, authorizing the formation of the district, applied to all counties having a population of 75,000 or more. It provided for the filing of a petition for incorporation in the circuit court, the giving of notice by publication, the hearing of objections, and the granting of a decree of incorporation if the court found sewage disposal necessary or desirable in the designated territory. Next, the court was required to appoint a board of three supervisors and these in turn a chief engineer who was to formulate a plan for the disposal of sewage and storm waters, making such surveys, maps and profiles as might be necessary. This plan being adopted by the board of supervisors, on their petition the circuit judge was to appoint commissioners who should appraise the land proposed to be taken for the sewer project and assess the benefits and damages accruing to the lands and property in the district by reason of the *557 execution of the sewer plan. They were further required to estimate the cost of the contemplated sewer improvements, including land acquired or condemned and the expense of organizing and administering the district.

All this was to be embodied in a report filed in the circuit court, of the filing of which the law required the circuit clerk to give two weeks’ notice by publication. The sewer district and the owners of land and property therein were allowed to file exceptions to this report; and the court was summarily to hear and determine them. If it appeared that the estimated cost of the sewer project would be less than the adjudicated benefits the commissioners’ report, if and as so modified, was to be approved; if the cost exceeded the benefits the district was to be dissolved as soon as all costs incurred thereto had been paid. To defray these preliminary expenses the board of supervisors was authorized to levy a uniform initial tax of ten cents per square of 100 square feet, and a further uniform tax if necessary for that purpose.

The relators’ petition alleges all the foregoing steps were duly taken, the Wellston Sewer District having been incorporated by decree of the St. Louis County Circuit Court on February 11, 1929; that a sewer plan was worked out and adopted, in the course of which and with administrative expenses included an indebtedness of $141,-468.97 was incurred; that to pay these expenses a uniform tax of ten per cent per square was levied, amounting to nearly $98,000, and thereafter a further tax of eight cents per square totaling about $78,000, all of which constituted a lien on the land in the district; that commissioners were appointed wrho assessed the aggregate benefits from the project at $4,585,845’ and the cost at $2,600,000; that of the foregoing assessed benefits the amount charged to the property of the relators was $1721; that the report of said commissioners was filed in the Circuit Court of St. Louis County on May 27, 1931. The repealing statute had been passed and approved twenty-six days before, on May 1, 1931, but without an emergency clause, as a result of which it did not become effective until September 14, 1931. Due notice of the filing of the report was given by publication, as required by the 1927 law.

Relators further allege that by reason of the facts above recited it became the duty of the respondent board of supervisors to have said commissioners’ report and objections thereto heard and determined by the circuit court in order that it might be ascertained whether the benefits would exceed the cost of executing the sewer plan; that it is the belief of relators, and they aver, such would be the judgment and conclusion of the circuit court, and that as a result construction of the drainage improvements could proceed. But relators further plead the respondent supervisors refuse to carry on said court proceedings *558 after demand thereto and are liquidating and dissolving said sewer district under and by virtue of said repealing statute, Laws 1931, page 355.

Next, and finally, the relators assert they have a property interest as landowners in the field notes, engineering data and sewer plan of the district and in the $4,585,845 benefits assessed, particularly in view of the uniform taxes levied and the commissioners’ assessment of $1721 against their own lands therein; that they have, furthermore, certain personal rights; that all of these were acquired under laws valid and subsisting at the time, to-wit, the 1927 law now appearing as Chapter 65, Revised Statutes 1929; and that said rights and interests vested before the enactment of said repealing statute in 1931; and that the latter is void and unconstitutional insofar as it attempts or purports to deprive them of the benefits of said sewer district.

The 1931 law, Laws 1931, page 355, thus assailed, contains only one paragraph and provides that certain enumerated sections of the Revised Statutes of Missouri 1929, “being all of chapter 65 of said statutes, be and the same are hereby repealed.” Then follows a proviso “that all of the provisions of the law hereby repealed shall continue in force for the purpose of paying all outstanding and lawfully incurred costs, obligations and liabilities of all sewer districts, but no additional costs, obligations or liabilities shall be created except such as are necessary to pay such costs, obligations and liabilities heretofore incurred or necessary to the winding up of the affairs of such districts.” The law next goes on to say that “the effect of this repeal as to each and every such district shall be the same as if the circuit court had, under the provisions of Section 11062, Revised Statutes of Missouri, 1929, found that the estimated costs of works and improvements exceed the estimated benefits.” Then follows a final proviso “that said repeal shall not cause any suit pending against any such district or any of its officers to abate, nor shall it affect any judgment heretofore or hereafter rendered against such district and its officers or any of them.”

The specific assignments made in attacking the constitutionality of the 1931 act, just summarized, are that it offends against the following provisions of the State and Federal Constitutions for the following reasons: (a) Section 4, Article II of the Constitution of Missouri, in that it fails to promote the general welfare of the people and deprives the residents and landowners of the sewer district of the natural right to life, liberty and the gains of their own industry;

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Bluebook (online)
58 S.W.2d 988, 332 Mo. 547, 1933 Mo. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-becker-v-wellston-sewer-district-mo-1933.