476 S.W.3d 282
Mo.2016Background
- De Soto and James Acres sue to declare §321.322.4 unconstitutional as a local/special law under Missouri Const. Art. III, §40.
- Section 321.322.4 excludes city-fire-department cities meeting six criteria from §321.322.1; De Soto meets all six.
- De Soto is a third-class city (Pop. ~6,421) in charter Jefferson County with ~218,733 residents; De Soto is surrounded by Dé Soto Rural Fire Protection District.
- Six criteria include city population, county population, charter status, city surrounding district; all must be met for the exclusion.
- Trial court granted State summary judgment; De Soto and State both move for judgment; issue is whether the law is facially special and justified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §321.322.4 facially a special law under Art. III, §40? | De Soto argues the six-criteria exclusion targets one city. | State argues the criteria collectively open-ended. | Yes, §321.322.4 is facially special. |
| Does Jefferson County three-part test apply to open-ended classifications? | De Soto contends narrow range shows targeting. | State argues open-ended with potential future applicability. | Three-part test applied; open-ended classification found to be special. |
| Did the State provide substantial justification for the special-law exclusion? | State failed to show substantial justification. | State contends open-endedness allows general applicability. | State failed to justify; no substantial justification. |
| Should judgment be entered for De Soto without remand? | De Soto seeks judgment consistent with motion rulings. | State concedes intertwined issues; remand unnecessary. | Judgment in favor of De Soto affirmed; no remand. |
Key Cases Cited
- Jefferson Cnty. Fire Prot. Dists. Ass’n v. Blunt, 205 S.W.3d 866 (Mo. banc 2006) (test to identify open-ended vs. closed-ended population classifications)
- City of St. Louis v. State, 382 S.W.3d 905 (Mo. banc 2012) (role of open-ended criteria and population-based analysis in special-law determinations)
- Tillis v. City of Branson, 945 S.W.2d 447 (Mo. banc 1997) (open-ended population classifications may still be special if narrowly drawn)