City of DeSoto v. NixonAnnotate this Case
The City of De Soto and a De Soto resident (collectively, Appellants) filed suit against the governor and attorney general (collectively, Respondents) seeking a declaratory judgment that Mo. Rev. Stat. 321.322.4 violates the prohibition against special laws contained in Mo. Const. art. III, 40. The trial court granted summary judgment in favor of Respondents. The Supreme Court reversed, holding (1) section 321.322.4 is a special law in violation of Mo. Const. art. III, 40; (2) consequently, the State was required to provide a substantial justification for enacting the statute rather than a general law; and (3) because the State offered no such evidence, entry of judgment for the State was error.