State ex rel. Curators of University of Mo. v. Neill, No. 51699
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | STORCKMAN; The term 'government' has been defined as the act or process of governing, authoritative direction or control, and the office; All concur except FINCH |
| Citation | 397 S.W.2d 666 |
| Decision Date | 10 January 1966 |
| Docket Number | No. 51699 |
| Parties | The STATE of Missouri at the relation of the CURATORS OF the UNIVERSITY OF MISSOURI, Relator, v. Robert NEILL, as President of The Board of Curators of The University of the State of Missouri, Respondent. |
Page 666
UNIVERSITY OF MISSOURI, Relator,
v.
Robert NEILL, as President of The Board of Curators of The
University of the State of Missouri, Respondent.
Page 667
Paul M. Peterson, Jackson A. Wright, T. Richard Mager, Columbia, for relator.
Marion S. Francis, St. Louis, for respondent.
STORCKMAN, Chief Justice.
This is an original proceedings for a writ of mandamus brought by the Curators of the University of Missouri to require Robert Neill, the president of the Board of Curators, to execute revenue bonds which the Board proposes to issue for the construction of parking facilities for motor vehicles on the campus of the University of Missouri at Columbia, which bonds are to be paid, both principal and interest, solely from revenues derived from the operation of the parking facilities. The return of the respondent admits all facts alleged in the petition for the writ. The parties have also filed a stipulation of agreed facts. From these sources the essential facts will be stated.
In keeping with the general trend, the enrollment of the University of Missouri has increased greatly in recent years. In addition to the sites in Columbia and Rolla, new campuses have been established in St. Louis and Kansas City. On June 9, 1965, the Curators adopted a resolution containing many recitals including a table showing the increased enrollment at the various campuses over a period of years. The enrollment figures for the campus in Columbia, with which we are immediately concerned, are: 8,983 in 1955; 11,176 in 1960; and 15,440 in 1964; the estimated enrollment for 1970 is 22,000. The resolution further finds and determines that, by reason of the increased enrollment, the additional persons required for the faculty and staff, and the increased use of motor vehicles by such persons, it is immediately necessary and essential to provide adequate parking space for motor vehicles; that the general assembly has not appropriated funds for such parking facilities, and the Curators do not have sufficient funds for that purpose; that the only feasible method of defraying the cost of such parking facilities is to issue bonds which shall not be general obligations of the State of Missouri or the Curators, but shall be payable solely from revenue produced by the operation of the parking facilities. The resolution then calls on the administrative officials of the University to submit to the Curators recommendations and definitive plans for carrying out the purposes and intent of the resolution.
Page 668
Thereafter, on the same day, the Curators adopted another resolution which approved plans and specifications submitted to them for the establishment of additional parking facilities on the campus of the University of Missouri at Columbia and estimating the cost thereof, directed the issuance of parking facility revenue bonds of the Curators of the University of Missouri in the principal amount of four hundred thousand dollars ($400,000) for the purpose of paying such estimated costs, fixed the date, maturities, form, and other details of said bonds, and made covenants for the payment of said bonds and the interest thereon from the revenues to be derived from the operation of said parking facilities. The plans presented to the Curators provided for additional parking facilities having a capacity of 2,649 motor vehicles. The cost of planning, designing, improving and equipping the parking facility was $440,000. The amount the Curators had available to apply on the cost was $40,000. The Curators found and determined that an emergency existed and that the future welfare of the University required the immediate establishment of the parking facility. The resolution then authorized the establishment of the facility at a location specified and the issuance of revenue bonds in the sum of $400,000. The resolution sets out the nature, terms and conditions of the bonds which need not be recited here since there is no challenge to the validity of the bonds in that respect.
The petition for the writ of mandamus alleges that Bond No. 1 was prepared and presented to the respondent as president of the Board of Curators for his signature as provided in the resolution and that the respondent refused to execute the bond.
The stipulation of agreed facts further shows that the number of motor vehicles registered on the Columbia campus in 1955 was 3,312, in 1960 was 7,382, in 1964 was 9,532, and the estimated number in 1970 is 13,000. The stipulation also states that: 'The area of the campus at Columbia and the distances separating living facilities from academic facilities are such as to make necessary the use of mechanical means of transportation. This situation exists alike with respect to faculty, students, and staff members who are compelled to live at a distance from the campus because nearer living facilities are not available. The most commonly available and used means is the motor vehicle. Understandably, this produces a problem of providing parking facilities for such vehicles on or near the campus and the educational facilities thereon. No local public transportation system is currently in operation in Columbia.' During each year the University holds many seminars, conferences, educational meetings and athletic events which are attended by large numbers of persons, most of whom come to the University by motor vehicle and require parking facilities therefor. The University hospital and clinics also bring thousands of persons to the campus annually for treatment or to visit patients. Most of these persons come by motor vehicle and require parking facilities. As of January 1, 1965, there was available on the campus at Columbia approximately 3,000 spaces for parking motor vehicles. Since then approximately 450 of said spaces have been lost by reason...
To continue reading
Request your trial
-
Frost v. State, 53715
...W. Va. Board of Education v. Page 588 Sims, 143 W.Va. 269, 101 S.E.2d 190; State ex rel. Curators of University of Mo. v. Neill, Mo., 397 S.W.2d 666. Here the concurrent executive interpretation of sections 7 and 12 clearly excludes the idea the Highway Commission can expend primary road fu......
-
Tichenor v. Missouri State Lottery Com'n, 69992
...Parents v. Caruthersville School District, 548 S.W.2d 554 (Mo. banc 1977); State ex rel. Curators of the University of Missouri v. Neill, 397 S.W.2d 666 (Mo. banc 1966); Rathjen v. Reorganized School District R-II of Shelby County, 365 Mo. 518, 284 S.W.2d 516 (1955) ... Finally, due regard ......
-
Marquart v. Maucker, 55549
...Packing House, Etc., 175 N.W.2d 110 (Iowa 1970); Radcliffe College v. City of Cambridge, 350 Mass. 613, 215 N.E.2d 892; State v. Neill, 397 S.W.2d 666 (Mo.1966); Cornette v. Aldridge, 408 S.W.2d 935 (Tex.Civ.App.1966); Bright v. Nunn, 448 F.2d 245 (6 Cir. 1971); Soglin v. Kauffman, 418 F.2d......
-
PROSECUTING ATTORNEYS v. BARTON COUNTY, SC 89896.
...Parents v. Caruthersville School District, 548 S.W.2d 554 (Mo. banc 1977); State ex rel. Curators of the University of Missouri v. Neill, 397 S.W.2d 666 (Mo. banc 1966); Rathjen v. Reorganized School District R-II of Shelby County, 365 Mo. 518, 284 S.W.2d 516 (1955). The grammatical order a......
-
Frost v. State, 53715
...W. Va. Board of Education v. Page 588 Sims, 143 W.Va. 269, 101 S.E.2d 190; State ex rel. Curators of University of Mo. v. Neill, Mo., 397 S.W.2d 666. Here the concurrent executive interpretation of sections 7 and 12 clearly excludes the idea the Highway Commission can expend primary road fu......
-
Tichenor v. Missouri State Lottery Com'n, 69992
...Parents v. Caruthersville School District, 548 S.W.2d 554 (Mo. banc 1977); State ex rel. Curators of the University of Missouri v. Neill, 397 S.W.2d 666 (Mo. banc 1966); Rathjen v. Reorganized School District R-II of Shelby County, 365 Mo. 518, 284 S.W.2d 516 (1955) ... Finally, due regard ......
-
Marquart v. Maucker, 55549
...Packing House, Etc., 175 N.W.2d 110 (Iowa 1970); Radcliffe College v. City of Cambridge, 350 Mass. 613, 215 N.E.2d 892; State v. Neill, 397 S.W.2d 666 (Mo.1966); Cornette v. Aldridge, 408 S.W.2d 935 (Tex.Civ.App.1966); Bright v. Nunn, 448 F.2d 245 (6 Cir. 1971); Soglin v. Kauffman, 418 F.2d......
-
PROSECUTING ATTORNEYS v. BARTON COUNTY, SC 89896.
...Parents v. Caruthersville School District, 548 S.W.2d 554 (Mo. banc 1977); State ex rel. Curators of the University of Missouri v. Neill, 397 S.W.2d 666 (Mo. banc 1966); Rathjen v. Reorganized School District R-II of Shelby County, 365 Mo. 518, 284 S.W.2d 516 (1955). The grammatical order a......