Ballard v. City of Creve Coeur

• Decision Date: 25 February 2014
• Docket Number: No. ED 98320.,ED 98320.
• Citation: 419 S.W.3d 109
• Parties: Cheri BALLARD, et al., Appellants, v. CITY OF CREVE COEUR, and American Traffic Solutions, Inc., Respondents.
• Court: Missouri Court of Appeals

419 S.W.3d 109

Cheri BALLARD, et al., Appellants,

v.CITY OF CREVE COEUR, and American Traffic Solutions, Inc., Respondents.

No. ED 98320.

Missouri Court of Appeals,

Eastern District,

Division Four.

Oct. 1, 2013.

Motion for Rehearing and/or Transfer to Supreme Court Denied Jan. 23, 2014.

Application for Transfer Denied Feb. 25, 2014.

John G. Simon, Ryan A. Keane, The Simon Law Firm, PC, St. Louis, Missouri, for Appellant.

W. Dudley McCarter, Timothy J. Reichardt, Behr, McCarter & Potter, PC, Carl Lumley, Curtis, Heinz, Garrett & O'Keefe, PC, St. Louis, MO, for Respondent City of and Creve Coeur.

Jane E. Dueker, Nicholas G. Grey, Stinson Morrison Hecker LLP, St. Louis, MO, for Respondent American Traffic Solutions, Inc.

KURT S. ODENWALD, Judge.

Introduction

Appellants Cheri Ballard (“Ballard”), Jay Baur (“Baur”), and Stephen and Brenda Arnold (“the Arnolds”) (collectively, “Appellants”) appeal from the judgment of the trial court granting a joint motion to dismiss filed by Respondents City of Creve Coeur (“Creve Coeur”) and American Traffic Solutions, Inc. (“ATS”) (collectively, “Respondents”).¹ Appellants received violation notices from Creve Coeur alleging that they had violated Creve Coeur's red light camera ordinance (“the Ordinance”) and challenged the Ordinance in a six-count, purported class action petition. Appellants sought declaratory judgment regarding the Ordinance's constitutionality and conformity with state law, as well as Creve Coeur's authority to enact the Ordinance. Appellants also claimed the Ordinance violated procedural due process and the privilege against self-incrimination, and they alleged claims of unjust enrichment and civil conspiracy by Creve Coeur and ATS.

Creve Coeur and ATS filed a joint motion to dismiss, which was granted by the trial court. In its judgment, the trial court held that the Arnolds and Baur could not bring a claim for equitable relief when they had an adequate remedy at law in their municipal court proceeding. The trial court also held that Ballard could not raise her constitutional claims due to the doctrines of standing, waiver, and estoppel. The trial court then proceeded to address the substantive issues raised by Appellants' constitutional claims, finding the Ordinance did not violate the Missouri constitution. The trial court also held that the Ordinance was properly enacted by Creve Coeur and was not in conflict with state law. Finally, the trial court found that Ballard could not state a claim for unjust enrichment or recover under a theory of civil conspiracy. All of Appellants' claims were dismissed with prejudice.

Appellants now appeal the trial court's dismissal of their claims, alleging three points of error. First, Appellants claim that the trial court erred in dismissing their petition because the Ordinance is an unconstitutional and invalid exercise of Creve Coeur's police power. Appellants next argue that the trial court erred in dismissing Ballard's constitutional claims on the grounds of standing, waiver, and estoppel, and assert that the trial court erred in dismissing the Arnolds' and Baur's claims because they do not have an adequate remedy at law. Finally, Appellants aver that the trial court erred in dismissing their claims for unjust enrichment because they properly pleaded the elements of unjust enrichment and their claims are not barred by the voluntary payment doctrine. Appellants do not challenge in this appeal the trial court's substantive judgment and rulings related to their constitutional claims, conflict with state law claims, or civil conspiracy claim. Accordingly, we do not address those rulings in this appeal.²

Because the Arnolds and Baur have an adequate remedy at law in their municipal court proceeding, we affirm the trial court's judgment dismissing their claims. With regard to Ballard, we reverse the trial court's judgment declaring that the Ordinance was properly enacted in accordance with Creve Coeur's police power for regulating public safety. Ballard pleaded that the Ordinance was enacted in order to generate revenue rather than ensure public safety. Whether the Ordinance is a revenue-generating mechanism advanced under the guise of Creve Coeur's police power is a fact question that is not appropriate for resolution on a motion to dismiss. We remand this portion of the trial court's judgment for proceedings consistent with this opinion. We affirm the trial court's judgment in all other respects.

Factual and Procedural History

Section 315.120 of the Creve Coeur Municipal Code authorizes the use of red light cameras to detect “violations of public safety at intersections.” Under the Ordinance, one commits the infraction of violation of public safety at an intersection “when a motor vehicle of which that person is an owner is present in an intersection while the traffic control signal for the intersection is emitting a steady red signal ... unless the motor vehicle is in the process of making a lawful turn....” The Ordinance places strict liability on the owner of the vehicle, without regard to whether the owner was operating the vehicle at the time of the violation. However, the Ordinance provides limited justifications that will excuse the infraction upon the submission of a sufficient sworn statement by the owner.

Upon review of the recorded images indicating an infraction under the Ordinance, a Creve Coeur police officer completes a citation, which is mailed to the owner of the vehicle. The Ordinance provides that the citation shall direct the owner to respond within 30 days by either paying the specified fine or by providing a sworn statement that sufficiently explains why one of the enumerated justifications is applicable. The Ordinance does not set the amount of the fine, but rather states that the fine shall be set by the municipal court and that under no circumstances will a person be imprisoned for violating the Ordinance.

In December 2008, Ballard received a Notice of Violation for allegedly committing a “Violation of Public Safety at Intersection.” The Notice of Violation directed Ballard to pay a $100 fine by January 20, 2009. Ballard subsequently paid the $100 fine. In December 2009 and February 2011, respectively, the Arnolds and Baur also received violation notices for allegedly committing a “Violation of Public Safety at Intersection” under the Ordinance. Neither the Arnolds nor Baur paid the $100 fine.

In October 2011, Appellants filed an amended class action petition challenging the Ordinance on several grounds. In the petition, Ballard sought to represent a subclass of plaintiffs who received a citation pursuant to the Ordinance and paid the fine. The Arnolds and Baur sought to represent a subclass of plaintiffs who received a citation, did not pay the fine, and have at least one outstanding citation.³ The petition alleged six counts: declaratory judgment (Count I); unjust enrichment against Creve Coeur on behalf of Ballard (Count II); violation of the self-incrimination clause of Article I, Section 19 of the Missouri Constitution against Creve Coeur (Count III); violation of the due process clause of Article I, Section 10 of the Missouri Constitution against Creve Coeur (Count IV); civil conspiracy against Creve Coeur and ATS (Count V); and unjust enrichment against ATS on behalf of Ballard (Count VI). All plaintiffs sought a declaration under Count I that the Ordinance was void, invalid, and/or unconstitutional. All plaintiffs further sought equitable relief under Counts III and IV and monetary damages under Counts III, IV, and V. Ballard sought restitution from Creve Coeur and ATS under Counts II and VI.

In response to Appellants' petition, Respondents filed a joint motion to dismiss, which was granted by the trial court. In its judgment, the trial court dismissed the Arnolds' and Baur's claims under Counts I, III, IV, and V because they have an adequate remedy at law in their municipal court proceedings. The trial court also dismissed with prejudice the Arnolds' and Baur's claims under Counts III, IV, and V for failure to state a claim for damages.

The trial court further held that Ballard lacked standing to challenge the constitutionality of the Ordinance when she did not avail herself of the procedure provided under the Ordinance, that she waived her constitutional claims by not raising them in municipal court, and that she was estopped from challenging the constitutionality of the judgment imposed when she voluntarily paid it. Therefore, Ballard's claims under Counts I, III, and IV were dismissed with prejudice.

The trial court then addressed the substantive issues raised by the petition. Relying solely on this Court's opinion in City of Creve Coeur v. Nottebrok, 356 S.W.3d 252 (Mo.App.E.D.2011), the trial court declared that the Ordinance did not violate the procedural due process protections of Article I, Section 10 of the Missouri Constitution or the privilege against self-incrimination as guaranteed by Article I, Section 19 of the Missouri Constitution. Therefore, Counts III and IV were dismissed with prejudice, along with Count I as it related to the constitutionality of the Ordinance.

With regard to the remainder of Appellants' request for declaratory judgment, the trial court found that Creve Coeur possessed constitutional and legislative authority to enact the Ordinance and that the Ordinance was properly enacted pursuant to Creve Coeur's police power for regulating public safety. The trial court also found the Ordinance was not in conflict with state law and dismissed Count I with prejudice.

The trial court also dismissed with prejudice Ballard's claim for unjust enrichment under Counts II and VI, finding that the petition failed to state a claim of unjust enrichment against Creve Coeur and ATS, there were no unjust circumstances, and the voluntary payment doctrine barred Ballard's recovery. The trial court further dismissed with prejudice Ballard's claims against Creve...