Teat v. Director of Revenue

806 S.W.2d 754, 1991 Mo. App. LEXIS 488, 1991 WL 46797
CourtMissouri Court of Appeals
DecidedApril 9, 1991
DocketNo. WD 43530
StatusPublished
Cited by6 cases

This text of 806 S.W.2d 754 (Teat v. Director of Revenue) 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
Teat v. Director of Revenue, 806 S.W.2d 754, 1991 Mo. App. LEXIS 488, 1991 WL 46797 (Mo. Ct. App. 1991).

Opinion

NUGENT, Chief Judge.

The Director of Revenue, respondent in the associate circuit court action, appeals a judgment by that court reversing the Director’s suspension of the driver’s license of Martin E. Teat. The director argues that the trial court did not have subject matter jurisdiction over the action and, therefore, could not adjudicate it. Further, the director argues that, assuming arguen-do that the trial court did have jurisdiction, it nevertheless erred in declaring the suspension invalid on the ground that it arose from an illegal traffic stop of Mr. Teat. We vacate in part and reverse in part the trial court’s judgment.

The parties do not contest the evidence. On March 8, 1990, Jim Wright, a Liberty police officer, stopped Mr. Teat as he drove eastbound on a street marked as one-way, westbound. Mr. Teat could not produce proof of insurance as requested by the officer, who then gave him a ticket for travelling the wrong way down a one-way street and later, under his department’s policy, notified the director of Mr. Teat’s failure to show proof of automobile insurance.

The director notified Mr. Teat that on April 17 the state would suspend his driving privileges under § 303.041.11 if he could not prove that on March 8 he had automobile insurance as required by § 303.025. The notification also advised him of his right to an administrative hearing.

Mr. Teat did not request a hearing. Instead, on April 6, he filed a “Petition for Review of Suspension or in the Alternative a Hardship License” in the Associate Circuit Court of Clay County. The trial court issued an order on April 11 staying the suspension until it could resolve the question regarding hardship driving privileges.

[756]*756On May 24, Mr. Teat tried his case to the court, which heard the testimony of Officer Wright. The officer testified that the one-way sign on Arthur Street had gone up a week before he stopped Mr. Teat. He testified further that the street became a one-way street due to construction and that on March 8 he believed that the City of Liberty had officially designated it as a one-way thoroughfare. The state conceded, however, that on that date the city had not yet officially made Arthur Street one way.

The court found that the director had no authority to suspend Mr. Teat’s driving privileges because of the unlawful nature of the traffic stop2 and ordered an end to any effort to enforce the suspension. The director appealed.

In his first point on appeal, the director contends that the trial court did not have jurisdiction in this action because Mr. Teat failed to exhaust his administrative remedies. He maintains that under Randle v. Spradling, 556 S.W.2d 10, 11 (Mo.1977) (en banc), the administrative action encompassed in § 303.041.1, and the corresponding duties of the director and the licensee’s right to judicial review, outlined in § 303.290, constitute a “contested case.” § 536.010(2) defines a “contested case” as “a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing.” Id. The director concedes that under § 303.290.2 a party may seek review in the circuit court of any decision, finding or order made by the director. He argues, however, that this statute, along with the general provisions for judicial review of “contested cases” in chapter 536, require that an administrative hearing preceed that review. Thus, the director concludes, since Mr. Teat failed to request the administrative hearing guarantied him at his instance under Randle, supra, and under §§ 303.041.1 and 303.290.1, he may not seek judicial review under § 303.290.2 and chapter 536.

Before we address the question of jurisdiction, however, we must first address the director’s third point on appeal, that the trial court erred in declaring unlawful Officer Wright’s traffic stop of Mr. Teat. The director argues that the officer had probable cause to stop Mr. Teat and, therefore, made a valid traffic stop. Regardless of the validity of the citation issued, continues the director, the suspension of Mr. Teat's driving privileges for lack of automobile insurance remains valid.

Addressing this issue independently requires that we in fact bifurcate the order of the associate circuit court, reading it as both an order to the director to cease suspension and as a declaratory judgment declaring the traffic stop illegal. We may do this because Mr. Teat’s petition to the trial court reads as both a request for review and for a ruling that Officer Wright conducted an illegal stop.

In Nicolai v. City of St. Louis, 762 S.W.2d 423 (Mo.1988), the Missouri Supreme Court en banc mapped out a similar bifurcation procedure involving administrative appeals. There, the City of St. Louis obtained a conviction in the municipal court against the plaintiff, whose home contained nineteen cats, on the misdemeanor charge of operating a kennel without a license. De novo review awaited the outcome of the declaratory judgment suit he filed in the circuit court in which he disputed the city’s right to tax his premises as a kennel. He kept the cats for pleasure, he claimed, not business. The circuit court dismissed his action in part for his failure to exhaust his administrative remedies, namely, a hearing before the Board of Tax Appeals. Judge Higgins, writing for the court,3 reasoned, in part, that because the ordinance required a license of any person possessing five or more cats at any one place, it would not admit of an interpretation exempting from the tax a category of cat-owners deriving no profit from their cats. The court would not fault the plaintiff “for failing to follow through with the hollow formality of filing [757]*757a petition with the Board of Tax Appeals.” Id. at 425. Rather, it held that he properly-sought judicial determination of his claim. Id.

As with the plaintiff in the multiplying kitten case, an administrative hearing could not have addressed Mr. Teat’s allegation that Officer Wright subjected him to an illegal traffic stop. As in Nico-lai, only the trial court could decide the legality of the stop, and that it could do by a declaratory judgment.

Section 527.010 permits trial courts to enter declaratory judgments. Because the legislature intended that section as a remedial law affording relief from uncertainty, courts must interpret it liberally. Dudley v. Shaver, 770 S.W.2d 712, 714 (Mo.App.1989); § 527.120. Thus, in reviewing a petition for declaratory judgment, we accept as true all of the well-pleaded facts and their concomitant reasonable inferences, ignoring all conclusions. The test for the sufficiency of a petition for a declaratory judgment hinges on whether the parties show entitlement to a declaration of rights or status on the pleaded facts. Harris v. State Bank and Trust Co. of Wellston, 484 S.W.2d 177, 178 (Mo. 1972). If the facts demonstrate any justiciable controversy, the trial court should declare the rights of the parties. Dudley, supra, at 714.

In paragraph three of his petition, Mr.

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806 S.W.2d 754, 1991 Mo. App. LEXIS 488, 1991 WL 46797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teat-v-director-of-revenue-moctapp-1991.