State ex rel. Greene County v. Spradling

574 S.W.2d 692, 1978 Mo. LEXIS 331
CourtSupreme Court of Missouri
DecidedDecember 18, 1978
DocketNo. 60444
StatusPublished

This text of 574 S.W.2d 692 (State ex rel. Greene County v. Spradling) 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. Greene County v. Spradling, 574 S.W.2d 692, 1978 Mo. LEXIS 331 (Mo. 1978).

Opinion

SEILER, Judge.

This appeal involves the construction of sections 137.330 and 53.071, RSMo Supp. 1975, which became effective September 1, 1970 and were in effect at the times pertinent herein, as to what amount should be paid by the state (or reimbursed to the county by the state) of the costs and expenses of making the county assessment and in the preparation of abstracts of assessment, lists and tax bills.1

The pertinent portions of the two statutes in question provide as follows:

“137.330. State to share cost of assessment. One-half of all the costs and expenses of making the assessment and in the preparation of abstracts of assess[693]*693ment lists and tax bills shall be paid by the state, but in calculating these costs and expenses no amount shall be allowed for the salaries of the assessors, his clerks, and his deputies in excess of that provided in section 53.071, RSMo. When the amount due has been determined by the state director of revenue, he shall pay such claim out of funds appropriated for that purpose.” 2
“53.071. Compensation — fees, disposition of (second, third, and fourth class counties). 1. For the performance of their existing statutory duties and for the additional duties set forth in sections 53.081 and 53.091, each county assessor, except in counties of the first class, shall receive an annual salary for his services and shall, subject to the approval of the county court, appoint the additional clerks and deputies that he deems necessary for the prompt and proper discharge of the duties of his office. A portion of each county assessor’s salary and of the salaries for his clerks and deputies shall be paid by the state in an amount equal to the sum paid by the state for assessor’s, clerks’, and deputies’ compensation in that county in the year 1969, and the remainder of the assessor’s salary and the salaries for his clerks and deputies shall be paid by his county . . . ”

The dispute is over what Greene County is entitled to for 1974 and 1975 and what Clay County is entitled to for 1975.

For 1974, a year in which it was still a second class county, Greene County contends it was entitled to one-half of what the salaries of the assessor and his deputies and clerks were for 1969, plus one-half of the other costs and expenses of assessment, such as preparation of plats, cost of binders, plat books, assessment blanks, mileage, postage, business machine rental, printouts, etc. The defendant takes the position that under § 53.071, all the state is obligated to reimburse is an amount equal to what it paid Greene County for the assessor’s, clerks’ and deputies’ compensation in 1969.

For 1975, the year in which it became a first class county, Greene County again contends it was entitled to one half of what the salaries were in 1969, plus one-half of the other costs and expenses of assessment for 1975. The defendants agree the state owes one-half of the other expenses, but as to salaries contends that all it is obligated to pay is an amount equal to what it paid Greene County for salary compensation in 1969.

Clay County, for which only 1975, the year in which it became a first class county, is involved, makes substantially the same contentions as to reimbursement as does Greene County and the defendants make the same response. Clay County prayed relief for 1975 by asking for an amount equal to one-half the salaries for 1969 and one-half the other expenses incurred in 1975 in making the assessments. Included in this was a pro rata share of the salaries paid the employees of the county data processing department, a separate department, based on the amount of time used for assessor’s work.3

The trial court concluded that in all instances the amount of reimbursement is limited by § 53.071 to an amount equal to what the counties received in 1969 and denied the prayers of relief of the plaintiff and intervenor.

As developed by the briefs and oral argument, the real issue is how much is to be reimbursed by the state for the salaries of the assessor, his clerks, and deputies. Plaintiff argues it is absurd and unreason-[694]*694able to believe the legislature intended that it should be reimbursed for salaries only in an amount equal to whatever the state paid the particular counties in 1969 when, it contends, the policy of the state for over one hundred years has been to reimburse the counties for approximately one-half the cost of assessing property; that what the statutes really mean is that the county is to be reimbursed for one-half of the salary levels for 1969, with first class counties to receive, in addition, one-half the other costs and expenses of making the assessment and preparation of the lists and tax bills. Plaintiff and intervenor argue further that had they been first class counties in 1969, under the law as it then stood with respect to first class counties they would have received one-half of all the costs and expenses of the assessor in making the assessment, § 137.-330, RSMo 1969, and thus “the defendants are willing to reimburse Greene County only one-fifth of the amount to which it would have been entitled had Greene County been a first class county in 1969”, a result which they say the legislature never intended.

The statutes seem clear enough. Prior to the change in § 137.330 which became effective September 1,1970, there was no limitation in § 137.330, RSMo 1969, by reference to § 53.071. In fact, there was no § 53.071 in existence. The prior statute, § 137.330, RSMo 1969, called for an outright payment by the state to a first class county of one-half of “all the costs and expenses of the assessor in making the assessment and in the preparation of abstracts of assessment lists and tax bills . . .’’At the same time, in second class counties, another statute, § 53.110, RSMo 1969, provided for a system of fees for services of the county assessor, one-half to be paid by the county and one-half to be paid by the state and deposited in the county treasury. Then, by S.B. 1, Laws of Mo.1969, 3rd Ex.Sess., at 78, the former § 137.330 was repealed and a new § 137.330 enacted in lieu thereof, worded as set out at the beginning of this opinion. The same S.B. 1 also repealed § 53.110 RSMo 1969, and enacted, as a new section, § 53.071, also set out earlier herein.

We fail to see where the fact that prior to the amendment becoming effective September 1, 1970, the law had been that first class counties were entitled to reimbursement or payment by the state of one-half of the assessor’s costs and expenses could work any change or increase in what the terms of the new § 137.330 called for. If the legislature decided to limit reimbursement for salaries to an amount equal to whatever amount was paid in 1969, it could do so. Nor is there any merit in plaintiff’s argument that had Greene County been a first class county in 1969 and hence entitled at that time to have the state pay one-half the costs, it means that for 1974 and 1975 the state should be required to pay more in salaries than an amount equal to what it did pay Greene County in 1969. In State ex rel. Jackson County v. Spradling, 522 S.W.2d 788 (Mo. banc 1975), the court held that first class charter counties are subject to the limitation imposed by § 53.071 that salary reimbursement is limited to whatever the reimbursement was in the year 1969.

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Related

State Ex Rel. Jackson County v. Spradling
522 S.W.2d 788 (Supreme Court of Missouri, 1975)
Troost Avenue Cemetery Co. v. Kansas City, Lowenthal Securities Co.
154 S.W.2d 90 (Supreme Court of Missouri, 1941)

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Bluebook (online)
574 S.W.2d 692, 1978 Mo. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-greene-county-v-spradling-mo-1978.