RICHARD B. TEITELMAN, Chief Justice. Col. Ronald K. Replogle, superintendent of the state highway patrol, appeals from a declaratory judgment in favor of John Doe, a Missouri resident. The trial court entered a declaratory judgment finding that, as applied to Doe, Missouri's Sex Offender Registration Act (SORA), sections 589.400 to 589.420, RSMo Supp.2011, violates the bar against the enactment of retrospective state laws set forth in article I, section 13 of the Missouri Constitution. The...
PATRICIA BRECKENRIDGE, Judge. The American Federation of Teachers, its St. Louis affiliate Local 420, and individual representatives, Mary Armstrong and Byron Clemens, 1 appeal the trial court's summary judgment declaring that the board of education of the Construction Career Center Charter School District and the individual members of the board 2 have no duty to "meet and confer" or to bargain collectively in good faith with the union. Because article I, section 29 of the Missouri...
PATRICIA BRECKENRIDGE, Judge. The cities of Chesterfield and University City separately appeal judgments entered against each city and in favor of the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 (the union). In each action, the trial court entered a declaratory judgment ordering the public employer to adopt collective bargaining procedures. In a consolidated opinion in the two cases, this Court holds that the right to organize and bargain collectively...
LAURA DENVIR STITH, Judge. The city of St. Louis ("City") appeals the trial court's holding that the prohibition against special laws contained in article III, section 40 of the Missouri Constitution is not violated by section 320.097, RSMo Supp.2010. That statute exempts certain veteran firefighters who live in areas with unaccredited or provisionally accredited school districts from any local laws requiring them to live in their home district. The State also appeals, alleging the trial court...
PATRICIA BRECKENRIDGE, Judge. Melvin Stover, Jr., appeals his conviction and sentence of 12 years without probation or parole for the class A felony of trafficking drugs in the first degree, section 195.222.5. 1 On appeal, Mr. Stover claims that the trial court erred in overruling his motion for acquittal because there was insufficient evidence to prove he knowingly possessed the illegal drugs, overruling his motion to suppress evidence because he was detained without reasonable suspicion of...
PATRICIA BRECKENRIDGE, Judge. Hawthorn Bank appeals the trial court's entry of summary judgment in favor of Bob DeGeorge Associates, Inc., and KD Christian Construction Company on Hawthorn Bank's claim that its purchase-money deed of trust takes priority over the mechanics' liens filed by DeGeorge and KD Christian, despite the purchase-money deed of trust being recorded after the mechanics' liens attached to the property. Hawthorn Bank claims that the trial court erred in finding that the...
GEORGE W. DRAPER III, Judge. Laurel Beard (hereinafter, "Beard"), deceased, and her assigned heirs, Theresa Beard and Beth Carll (hereinafter and collectively, "Plaintiffs"), appeal the trial court's judgment against them in their challenge to the constitutional validity of section 104.1030, RSMo 2000. 1 Plaintiffs raise two issues on appeal claiming: (1) the trial court wrongfully interpreted section 104.1030; and (2) section 104.1030 is unconstitutional for vested members of the Missouri...
PATRICIA BRECKENRIDGE, Judge. Whelan Security Company appeals a trial court's grant of summary judgment in favor of Charles Kennebrew, Sr., and W. Landon Morgan on its action to enforce the non-compete agreements it had with Mr. Kennebrew and Mr. Morgan. On appeal, Whelan claims that the trial court erred in concluding that the non-competition and non-solicitation clauses were invalid as overbroad and unreasonable as to time and space. This Court granted transfer after opinion by the court of...
PATRICIA BRECKENRIDGE, Judge. The Missouri Department of Corrections (department) appeals the trial court's judgment in favor of Deborah Hervey on her claim of disability discrimination under the Missouri Human Rights Act (MHRA). On appeal, the department claims that the trial court erred in overruling its objection to Ms. Hervey's verdict director because it did not include an essential element of her discrimination claim and erred in calculating punitive damages under section 510.265. 1...
PATRICIA BRECKENRIDGE, Judge. This case involves a challenge to the imposition of municipal taxes on SLAH, L.L.C., a business entity that owns a hotel located in the city of Woodson Terrace. The city appeals from the declaratory judgment entered against it on SLAH's claim that the city is prohibited by section 94.270.3, RSMo 2010, 1 from imposing a hotel license tax rate in excess of $13.50 per room, per year. The city claims that the judgment should be reversed because the statute is an...
PER CURIAM. The appeals consolidated in this opinion arise from lawsuits challenging three proposed initiatives — a tobacco tax initiative, a minimum wage initiative, and a payday loan initiative. 1 The underlying suits sought to prevent the initiatives from appearing on Missouri's ballot for the November 2012 election. Each of the cases challenges the constitutional validity of section 116.175, 2 which directs that the state auditor "shall assess the fiscal impact of" any proposed...
LAURA DENVIR STITH, Judge. David and Glenette Nothum seek a writ prohibiting the circuit court from compelling them to testify in a judgment debtor's examination conducted pursuant to section 513.380. 1 The court ordered the Nothums to testify despite their assertion of the privilege against self-incrimination and held them in contempt when they refused to do so, finding that the immunity granted to the Nothums pursuant to section 513.380.2 was coextensive with their constitutional privilege....
RICHARD B. TEITELMAN, Chief Justice. Arnaz Crawford appeals from the decision of the labor and industrial relations commission finding that he was disqualified from receiving unemployment benefits and ordering him to repay those benefits received while he was ineligible. The commission's decision is reversed in part and affirmed in part. FACTS Crawford was fired from his job in January 2009. Shortly thereafter, he was admitted voluntarily to a state mental facility for one week. Crawford's...
RICHARD B. TEITELMAN, Chief Justice. Ruth Mendenhall appeals a summary judgment in favor of Property and Casualty Insurance Company of Hartford (Hartford) on her equitable garnishment claim seeking insurance coverage for the death of her husband, Len Mendenhall. The trial court's judgment was premised on the conclusion that Mr. Mendenhall was an "employee" under the terms of the Hartford policy and, therefore, was excluded from coverage. The judgment is reversed because Mr. Mendenhall was a...
PER CURIAM. I. Introduction In 2008, St. Louis County ("County") assumed control of solid waste collection activities in the County's unincorporated areas. Prior to that, waste collection services in those areas had been provided by private entities. Among them were American Eagle Waste Industries, LLC; Meridian Waste Services, LLC; and Waste Management of Missouri, Inc. (collectively, "Haulers"). Following a 2007 amendment to section 260.247, which extended hauler-protective business...
RICHARD B. TEITELMAN, Chief Justice. Deborah Watts filed the underlying medical malpractice action alleging that her son, Naython Watts, was born with disabling brain injuries because Cox Medical Centers and its associated physicians (collectively, Cox) provided negligent health care services. The jury returned a verdict in favor of Watts and awarded $1.45 million in non-economic damages and $3.371 million in future medical damages. The trial court entered a judgment reducing Watts' non-...
ZEL M. FISCHER, Judge. Sneil, LLC, sought to quiet title to 3645 Marietta Drive, Florissant, Missouri, and to eject Tybe Learning Center, Inc. and Regions Bank from that property. The circuit court found in favor of the Tybe and Regions. Sneil appealed. After opinion, the court of appeals transferred the case to this Court, which has jurisdiction. Mo. Const. art. V, sec. 10. 1 FACTS On August 28, 2006, Sneil was the successful bidder for the real property located at 3645 Marietta Drive in...
LAURA DENVIR STITH, Judge. The Labor and Industrial Relations Commission denied the appellant, Carol Fendler, unemployment benefits after it found that she engaged in willful misconduct by repeatedly and deliberately disregarding her supervisor's instructions. Ms. Fendler appealed, arguing that the commission erred in finding that she engaged in misconduct because although she may have acted negligently she did not deliberately violate her supervisor's instructions. This Court affirms....
ZEL M. FISCHER, Judge. This is an appeal from the Clay County circuit court's entry of summary judgment quieting title to the property located at 3535 Northeast 49th Terrace, Kansas City, Clay County, Missouri in favor of Edward and Nancy Bosch (the Bosches). Harpagon MO, LLC asserts that the circuit court improperly entered summary judgment in favor of the Bosches and, instead, should have entered summary judgment in its favor because it complied with the requirements of 140.405, RSMo...
GEORGE W. DRAPER III, Judge. Pat Dujakovich and Troy Schulte (hereinafter and collectively, "Appellant") appeal the trial court's grant of judgment on the pleadings against them in their challenge to the amendments to the state earnings tax statutes, sections, 92.105 through 92.125, RSMo Supp.2011. 1 Appellant raises three arguments: (1) the amendments violate article III, section 51 of the Missouri Constitution by using the initiative for the appropriation of money to pay the election costs...
