Page v. Scavuzzo, WD75337
| Decision Date | 30 April 2013 |
| Docket Number | WD75337 |
| Parties | GREG PAGE, ET AL, Appellants, v. SCAVUZZO, ET AL, Respondents. |
| Court | Missouri Court of Appeals |
GREG PAGE, ET AL, Appellants,
v.
SCAVUZZO, ET AL, Respondents.
WD75337
MISSOURI COURT OF APPEALS WESTERN DISTRICT
OPINION FILED:April 30, 2013
Mr. Greg Page, Ms. Debra Ballard, and Friends of the Zoo, Inc. of Kansas City, Missouri, a non-profit organization that operates the Kansas City Zoo under contract with Kansas City, (collectively, "FOTZ"), appeal from the trial court's summary judgment in favor of representatives of the Cass County Commission and the Cass County Election Authority (collectively, "Cass Commissioners").1 We affirm.
Page 2
In 2010, Missouri enacted several statutory provisions authorizing the establishment of a Kansas City Zoological District (KC Zoo District).2 See H.B. 2297, 2010 Mo. Laws 772 (adding sections 184.500, 184.503, 184.506, 184.509, and 184.512). Section 184.5033 as enacted permits any eligible county to create or participate in the KC Zoo District and to impose a sales tax not exceeding one-fourth of one percent. Jackson County and Clay County placed the sales tax implementation on their November 8, 2011, ballots; voters approved both measures.
FOTZ sought to have Cass County participate in the KC Zoo District and to implement the relevant county sales tax. In August 2011, they submitted a petition to the Cass Commissioners signed by 2,720 Cass County voters seeking to put the question of Cass County's participation in the KC Zoo District to the voters. Specifically, in their petition to the Cass Commissioners, they stated:
We, the undersigned, as residents of Cass County, Missouri hereby petition the County Commission of Cass County, Missouri for the creation of the Kansas City Zoological District, which shall consist of the county of Jackson and any other eligible county whose voters authorize the county to create or participate in the Kansas City Zoological District, and for the levy and collection of a retail sales tax of one eighth of one percent to be collected for the benefit of the Kansas City Zoological District for the support of zoological activities in the district.
The ballot title they sought to put before the voters asked:
Shall a retail sales tax of one eighth of one percent be levied and collected for the benefit of the Kansas City Zoological District, which shall be created and consist of the counties of Jackson and any other eligible county whose voters authorize the county to create or participate in the Kansas City Zoological District, for the support of zoological activities in the district?
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The Cass County Clerk certified that the petition had the required number of signatures. The Cass Commissioners, however, refused to place the measure on the ballot.
FOTZ filed a petition in circuit court, seeking a declaration that section 184.503 required the Cass Commissioners to place the petition question on the November 8, 2011, ballot or, in the alternative, for the court to declare that the Cass Commissioners were required to submit the question to the voters at the next election. Both parties filed motions for summary judgment.
After hearing arguments, the trial court found there was no genuine issue of material fact because the sole issue was the interpretation of section 184.503. It determined that the plain and ordinary language of section 184.503 showed that the Commission had discretion as to whether to place the petition question on the ballot and granted judgment in favor of the Commission. FOTZ appeals.
Our review of the appeal of a summary judgment "„is essentially de novo.'" Arbor Inv. Co., LLC v. City of Hermann, 341 S.W.3d 673, 678 (Mo. banc 2011) (quoting ITT Commercial Fin. Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993)). Summary judgment is proper if the moving party demonstrates a lack of any "genuine issue of material fact and that the movant is entitled to judgment as a matter of law." Id. (quoting Rule 74.04(c)(6)). We review the record in the light most favorable to the non-movant and draw the reasonable inferences from the record in that party's favor. Id. Our review of a trial court's interpretation and application of a statute is also de novo. Buehrle v. Mo. Dep't. of Corrs., 344 S.W.3d 269, 271 (Mo. App. E.D. 2011).
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FOTZ contends that the trial court erred in granting summary judgment in favor of the Cass Commissioners because section 184.503.1 required the Commission to submit the ballot question to the voters. The sole issue before us is a question of law: whether section 184.503 imposes a mandatory duty on the Cass Commissioners.
Section 184.503.1 provides in relevant part:
The governing body of any eligible county may, by resolution, authorize the creation of or participation in a district, and may impose a sales tax on all retail sales made within the eligible county . . . . Such creation of or participation in such district and the levy of the sales tax may be accomplished individually or on a cooperative basis with another eligible county or other eligible counties for financial support of the district. A petition requesting such creation of or participation in such district and the levy of the sales tax for the purpose of funding the support of zoological activities within the district may also be filed with the governing body, and shall be signed by not less than the number of qualified electors of an eligible county equal to five percent of the number of ballots cast and counted at the last preceding gubernatorial election held in such county. No such resolution adopted or petition presented under this section shall become effective unless the governing body of the eligible county submits to the voters residing within the eligible county at a state general, primary, or special election a proposal to authorize the governing body of the eligible county to create or participate in a district and to impose a tax under this section.
(emphasis added). To date, no Missouri appellate court has interpreted this provision.
Our role in statutory construction is to ascertain the legislature's intent from the plain and ordinary meaning of the words it used. State ex rel. Zoological Park Subdistrict of City & Cnty. of St. Louis v. Jordan, 521 S.W.2d 369, 372 (Mo. 1975); § 1.090. We give significance and effect to each word, phrase, and sentence. BHA Grp. Holding, Inc. v. Pendergast, 173 S.W.3d 373, 377 (Mo. App. W.D. 2005). "Where the language of a statute is clear and unambiguous, there is no room for construction." Ryder Student Transp. Servs., Inc. v. Dir. of Revenue, State of Mo., 896 S.W.2d 633, 635 (Mo. banc...
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