Municipal: State Parking Statutes-Constitutionality

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The state and St. Louis’s treasurer appealed from the circuit court’s judgment striking down certain state parking statutes as unconstitutional. Respondents, two St. Louis residents, filed the present action challenging the constitutionality of the statutes because they created powers and duties of municipal offices of a charter city. They were later joined by the city. The circuit court granted judgment on the pleadings for respondents, finding that the unconstitutional provisions of the statute could not be severed.

Although the parking statutes were unconstitutional because the Missouri Constitution prohibited state laws from creating or setting the powers or duties of municipal offices or employments of a charter city and the statutes required charter cities to establish a parking commission, some of the unconstitutional provisions of the statute were severable because the legislature would not obligate the city treasurer with parking duties in the absence of a parking commission.

Judgment is affirmed in part and reversed in part.

Wilson v. City of St. Louis (MLW No. 79562/Case No. SC98907 – 19 pages) (Supreme Court of Missouri, Breckenridge, J.) Appealed from circuit court, City of St. Louis, Stelzer, J. (Charles W. Hatfield and Alixandra S. Cosstte, Jefferson City, and Jeff P. Johnson, Jefferson City, for petitioners) (Elkin L. Kistner, Sean M. Elam, and William E. Kistner, St. Louis, and Michael A. Garvin and Erin K. McGowan, St. Louis, for respondents)