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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)

Where a water company appealed the Public Service Commission’s report and order approving its petition to change the company’s infrastructure system replacement surcharge to recover costs incurred in system replacements and relocations, the commission’s exclusion of estimated net operating loss ...

Tagged with: Estimated Net Operating Loss Infrastructure System Replacement Recovery of Costs

  The parties cross-appealed from the judgment finding plaintiff liable for municipal fees and taxes and awarding defendant cities attorneys’ fees and interests. Where the state legislature had a rational basis for implementing the authorizing statute for the license taxes, ...

Tagged with: License Taxes Prejudgment Interest

Plaintiff appealed from the trial court’s judgment finding that statutes governing distribution of countywide sales taxes were constitutional, after arguing that the state’s statutes authorizing the taxes were constitutionally invalid special laws because St. Louis County was the only county ...

Tagged with: Constitutionality of Distribution Statutes Countywide Sales Tax

Where the Missouri Landowners Alliance and the Missouri Farm Bureau appealed an order granting a certificate of convenience and necessity to a limited liability company for the construction and maintenance of an interstate electrical line and facilities, the appellants failed ...

Tagged with: Application Grant Electric Line Construction Statutory Authority

Where the Office of Public Counsel challenged the Public Service Commission’s finding that it did not have statutory authority to order the utility to issue refunds of ineligible infrastructure system-replacement surcharges, and a gas utility argued that the commission erred ...

Tagged with: Infrastructure-Replacement Surcharges Replacement Costs Statutory Authority

Where the Public Service Commission sought to dismiss an appeal by the Office of Public Counsel as moot in a dispute arising from infrastructure surcharges, the commission erred in finding moot and denying the public counsel’s request that the excess ...

Tagged with: Infrastructure-Replacement Surcharge mootness Overcharges

Where the Office of Public Counsel and a gas utility challenged an order disallowing $4.1 million in infrastructure-replacement surcharges, arguing that the utility could not recover costs incurred to replace case iron and bare steel mains and service lines, the ...

Tagged with: Infrastructure-Replacement Surcharge Sufficiency Of Evidence

Where a water company challenged an order approving its infrastructure replacement surcharge, arguing that the determination that sufficient evidence was not presented to show that a deferred tax asset was incurred, the determination was supported by the evidence on the ...

Tagged with: Deferred Income Taxes Infrastructure System Replacement Surcharge Approval

Where resort properties challenged the Public Service Commission’s approval of water and sewer utility rate increases for a public water and sewer corporation, there are alternative procedures for utilities to initiate rate-increase proceedings, so the commission’s report was lawful and ...

Tagged with: Rate Increase “Small Utility”

In the 1970s, Kansas City began providing free waste collection to single-family residences. Owners of other residences excluded from free collection sued to challenge the constitutionality of the ordinance. They ultimately settled with the city, which agreed to either provide ...

Tagged with: Breach of Settlement Waste Collection