State ex rel. St. Louis County v. State Highway Commission

• Citation: 286 S.W. 1
• Decision Date: 06 August 1926
• Docket Number: No. 27014.,27014.
• Parties: STATE ex rel. ST. LOUIS COUNTY v. STATE HIGHWAY COMMISSION.
• Court: Missouri Supreme Court

286 S.W. 1

STATE ex rel. ST. LOUIS COUNTY v. STATE HIGHWAY COMMISSION.

No. 27014.

Supreme Court of Missouri, in Banc.

August 6, 1926.

Original proceeding by the State of Missouri, on the relation of St. Louis County, for a writ of mandamus to be directed to the State Highway Commission. Writ awarded.

John A. Nolan, of Clayton, for relator.

North T. Gentry, Atty. Gen., L. Newton Wylder, of Kansas City, and Lue C. Lozier and Edgar Shook, both of Jefferson City, for respondent.

RAGLAND, J.

This is an original proceeding, brought by the county of St. Louis against the state highway commission, for the purpose of having this court issue its peremptory writ of mandamus, requiring the commission, in the construction of what is known as "refund roads" in the county of St. Louis, to follow a route designated by the county court of St. Louis county. The determination involves in particular the construction and interpretation of section 33 of the act of the General Assembly approved on August 4, 1921, as found on pages 164 and 165 of the Laws of 1921 (extra session). The respondent entered its general appearance in the cause, waived the issuance and service of the alternative writ, and filed its demurrer to the relator's petition.

The facts upon which the ruling is sought are set forth in the petition as follows:

"Relator states that under and in pursuance of the terms and provisions of the act of 1921 aforesaid there was located and constructed across St. Louis county, from the county line adjoining Jefferson and Franklin counties on the west to the county line adjoining the city limits of the city of St. Louis on the east, four state highways as designated in section 29 of the said act; that these last-named state highways were constructed, partly at the expense of the state of Missouri, with state and federal money, and partly with money representing the proceeds of certain bonds authorized by the taxpayers of St. Louis county; that by reason of the expenditure by the state highway commission in the construction and improvement of the aforesaid state highways in St. Louis county of the funds of St. Louis county there accrued to the credit of St. Louis county, by virtue of the provisions of section 33 of the act of 1921 as aforesaid, a large sum of money, approximately $900,000; that all of the state highways designated in St. Louis county in said section 29 of said act have been fully constructed and completed; that St. Louis county, under and by virtue of the said section 33 of the act of 1921, became entitled to and should now be reimbursed in the said amount from the state of Missouri, such reimbursement being due St. Louis county in the form of additional roads to be constructed in St. Louis county, connecting with the state highways in said county as hereinbefore mentioned, and to be constructed under state supervision through the instrumentality of the state highway commission of Missouri; that in pursuance of the terms and provisions of said section 33 of the said act of 1921 the county of St. Louis, acting by and through an order of the county court of said county, duly made and entered of record, did, on or about the 23d day of January, 1925, locate, specify, and designate a route or system of additional roads in St. Louis county, connecting with the system of state highways leading across said St. Louis county as hereinbefore mentioned; that the route of said connecting roads, as so located, specified, and designated by St. Louis county as aforesaid, extended from Lemay Ferry road, a state highway, on the south, in a generally northerly direction across the Gravois road and the Manchester road, and terminated at the St. Charles rock road on the north, all state highways, in said county; that the route or roadway so located, specified, and designated was along and over the route and right of way of existing long-established and heavily traveled public roads in said county, passing through thickly settled communities, cities, towns, and villages, as well as farming districts, and connecting with and intersecting numerous other public roads, streets, and highways in said county; that a certified copy of the order of the county court of St. Louis county, entered as aforesaid, was duly filed with the state highway commission of. Missouri, on or about the 29th day of January, 1925, with the demand that the said state highway commission, as soon as practicable, begin the construction of the roadway along the...