Kansas City v. Rooney, s. 43610

• Decision Date: 09 February 1953
• Docket Number: Nos. 43610,43611,s. 43610
• Citation: 254 S.W.2d 626,363 Mo. 902
• Parties: KANSAS CITY v. ROONEY, Judge. BARRON et al. v. ROONEY, Judge.
• Court: Missouri Supreme Court

Page 626

254 S.W.2d 626

363 Mo. 902

KANSAS CITY v.ROONEY, Judge.

BARRON et al. v.ROONEY, Judge.

Nos. 43610, 43611.

Supreme Court of Missouri, en Banc.

Feb. 9, 1953.

David M. Proctor and John J. Cosgrove, Kansas City, Wherritt & Sevier, Liberty, Harry A. Hall, Kansas City, for relators.

S. Preston Williams, North Kansas City, Paul S. Rogers, Liberty, for respondent.

PER CURIAM.

Relators seek to prohibit Honorable James S. Rooney, Judge of the Circuit Court of Clay County from proceeding in an appeal taken by certain land owners from an order of the County Court of Clay County denying their petition for incorporation of a certain area of land in said county as the Village of Pleasant Valley.The incorporation was sought under the provisions of Section 80.020.(Statutory references are to RSMo 1949 and V.A.M.S.)

It is alleged that the area included about 3,000 acres and had a population of 170 persons.The order of the County Court stated 'that the Court is not satisfied that the signatures on said petition constitute two-thirds of the taxable inhabitants of said proposed Village, and further finds that the prayer of said petition is unreasonable.'

Relators have two alternate theories as to why the Circuit Court has no jurisdiction.They say that if the refusal to incorporate is a judicial decision involving judicial discretion the order is void, because the County Court under the 1945Constitution and particularly Article V, Section 1, is not vested with judicial powers and, therefore, there is nothing from which to appeal.On the other hand, they say that if incorporation is a legislative power to create towns and villages, then there can be no appeal from the exercise of the legislative discretion and, therefore, there is nothing for the Court to decide.

We do not agree with relators' conclusions.An appeal from the judgments and orders of County Courts is authorized by Section 478.070.SeeIn re City of Uniondale, 285 Mo. 143, 225 S.W. 985;In re City of Kinloch, 362 Mo. 434, 242 S.W.2d 59;see alsoBradford v. Phelps County, 357 Mo. 830, 210 S.W.2d 996.The procedure to be followed and the scope of review on such an appeal is provided by Section 49.230.However, the 1945Constitution has taken all judicial power from the County Court so that it is no longer a judicial court but has become an administrative body.Section 22 of Article V of the Constitution authorizes appeals from decisions of administrative bodies and provides the scope of review.Wood v. Wagner Electric Corporation, 355 Mo. 670, 197 S.W.2d 647, 649.Therefore, the scope of review on any appeal from the County Court is that provided by Section 22, Article V.As we held in the Wood case, all previous statutes are amended by substituting the provisions of Section 22, Article V, for any scope of review previously stated, because the constitutional standard of review 'is mandatory and requires no legis...