495 S.W.2d 696 | Mo. Ct. App. | 1973
Six plaintiffs, “on behalf of themselves and all other taxpayers of the City of Dexter,” instituted this action for a declaratory judgment (Rule 87, V.A.M.R.) against the city’s treasurer and members of its board of aldermen. In substance, the petition averred the board, contrary to § 79.160 RSMo 1969,
Rule 87.02(a) recites that “Any person . . . whose rights, status or other legal relations are affected by a statute . . . may have determined any question of construction or validity arising under the . . . statute . . . and obtain a declaration of rights, status or other legal relations thereunder.” Nevertheless, to qualify as “any person” under the rule, a party seeking a declaratory judgment must have a legally protectible interest at stake [Waterman v. City of Independence, 446 S.W.2d 471, 474 [4] (Mo.App.1969)], and the question presented must be appropriate and ready for judicial decision. City of Joplin v. Jasper County, 349 Mo. 441, 444, 161 S.W.2d 411, 413 (1942). A legally protectible interest contemplates a pecuniary or personal interest directly in issue or jeopardy which is subject to some consequential relief, immediate or prospective. Borchard, Declaratory Judgments, 2d Ed., p. 50. To be appropriate for judicial decision, the cause must present a justiciable controversy, i. e., an actual controversy between persons with interests adverse in fact which admit of specific relief through a conclusive decree as distinguished from a decree only advisory in character. State ex rel. Chilcutt v. Thatch, 359 Mo. 122, 129, 221 S.W.2d 172, 176 [5-7] (banc 1949). In order for plaintiffs to maintain this action, they were required to plead and prove that their interests in the subject matter of the litigation were peculiar to them as distinguished from that of the general public [State ex inf. Wallach v. Schneider’s Credit Jewelers, 243 S.W.2d 125, 128 (Mo.App.1951)], otherwise they would stand no better before the court than a private individual who seeks to enforce the law without demonstrating how his special private interests
We agree with the trial court that plaintiffs, simply representing themselves as taxpayers, did not plead or prove that they were possessed of a legally protectible interest sufficient to allow them to maintain this suit; neither did they demonstrate that a judicial controversy existed because actions become merely advisory when there is an insufficient interest either in plaintiffs or defendants to justify judicial determination. Spencer v. Village of De-Kalb, 408 S.W.2d 78, 80 (Mo.1966). Plaintiffs neither pleaded nor proved that they had an interest in the subject matter of this action which differed from that possessed by the public generally. They did not undertake to show how the alleged conduct of the defendants invaded or will invade a private substantive legally protected interest recognized at common law or as created by statute. 1 Anderson, Actions for Declaratory Judgments, § 159, at p. 310. A taxpayer whose personal rights are not involved and cannot be affected, does not have the right to maintain an action for a declaratory judgment. 26 C.J.S. Declaratory Judgments § 118, at p. 270. Whatever annoyance (real or imagined) plaintiffs and the other taxpayers of the City of Dexter may have felt because of the actions of the board of aldermen and the treasurer by their interpretation of the involved statutes was not a sufficient basis for the exercise of the court’s jurisdiction. “A mere difference of opinion or disagreement or argument on a legal question affords inadequate ground for invoking the judicial power.” Borchard, Declaratory Judgments, supra, p. 77; Jacobs v. Leggett, 295 S.W.2d 825, 834 (Mo. banc 1956).
The judgment is affirmed.
. Sec. 79.160: “The board of aldermen shall semiannually in January and July of each year make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the city for the half year ending December thirty-first and June thirtieth, preceding the date of such report, which account and statement shall be published in some newspaper in the city.”
. Sec. 79.165: “In the event the financial statement of any fourth class city is not published as required by section 79.160, the treasurer of such city shall not pay out any money of the city on any warrant or order of the board of aldermen after the