State ex rel. Dahl v. Lange
| Decision Date | 20 December 1983 |
| Docket Number | No. 65120,65120 |
| Citation | 661 S.W.2d 7 |
| Parties | STATE ex rel. Susan DAHL, Henry Dahl, Charles James Rogers, Edward Thiel and Edith Poos, Relators, v. Linus LANGE, St. Charles City Clerk, Jim Primm, St. Charles County Clerk, Melvin Wetter, Mayor of the City of St. Charles, and Gilford Brown, Janet Woodburn, Daniel Conoyer, Lynn Rush, James Williams, Rory Riddler, Thomas Brown, Reid Bronson, Michael Collins, Council Members of the City of St. Charles, Missouri, Respondents. |
| Court | Missouri Supreme Court |
Keith W. Hazelwood, St. Charles, for relators.
George A. Weible, City Atty., St. Charles, for respondents.
Relators, resident taxpayers of the City of St. Charles, Missouri, seek a writ of mandamus to compel city officials to place a citizen-initiated amendment to the city charter on the ballot in an upcoming election. The city refused to include the amendment on the ballot alleging its unconstitutionality and the impermissible encumbrance it would place on the power of the city to levy taxes and collect revenues. The Court issued its Alternative Writ in Mandamus; respondents filed a return and motion to dismiss the petition and to quash the alternative writ. The Court sustained the motion in part but ordered the case docketed for argument. Both parties request that the Court assess the constitutionality of the proposed amendment. Without reaching the constitutional question, the Court now makes peremptory its alternative writ and directs respondents to place the amendment on the ballot.
The people of St. Charles ultimately complied with the requirements for placing their initiative amendment on the ballot; they accumulated the required number of signatures of registered voters and they filed their petition with the city clerk. Art. XII, § 12.5, City Charter, City of St. Charles, Missouri. The people have never had the opportunity to vote on the matter; the constitution mandates this opportunity. Art. VI, § 20, 1945 Missouri Constitution. The city charter does as well. Art. XII, § 12.5, supra. Until the people have voted on the initiative, judicial assessment of the constitutional validity of the proposal would be premature and an encroachment on the legislative function. State ex rel. Stokes, et al. v. Roach, 190 S.W. 277, 280 (Mo. banc 1916); Pitman v. Drabelle, 267 Mo. 78, 183 S.W. 1055, 1057 (1916). Should the voters reject the amendment, the Court's decision as to constitutionality would be an advisory opinion. Courts in Missouri will not render advisory opinions. State ex rel. McNary v. Stussie, 518 S.W.2d 630, 638 (Mo. banc 1974).
This Court does have discretion to assess the constitutionality of initiatives in mandamus actions. State ex rel. Cranfill v. Smith, 330 Mo. 252, 48 S.W.2d 891, 893 (1932); State ex rel. Voss v. Davis, 418 S.W.2d 163, 168 (Mo.1967); Anderson v. Smith, 377 S.W.2d 554, 557 (Mo.App.1964). Exercise of that discretion in this case, however, prior to a public election, could effectively enjoin the amendment from being placed on the ballot because of conjecture that it would be found...
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Missourians to Protect the Initiative Process v. Blunt
...a particular proposal would, if adopted, violate some superseding fundamental law, such as the United States Constitution. State ex rel. Dahl v. Lange, 661 S.W.2d 7, 8 (Mo. banc 1983); State ex rel. Cramer v. Brown, 7 Ohio St.3d 5, 454 N.E.2d 1321, 1322 (1983). Our single function is to ask......
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Union Elec. Co. v. Kirkpatrick, 66482
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State ex rel. Gateway Green Alliance v. Welch
...Process v. Blunt, 799 S.W.2d 824 (Mo. banc 1990); Union Electric Co. v. Kirkpatrick, 678 S.W.2d 402 (Mo. banc 1984); State ex rel. Dahl v. Lange, 661 S.W.2d 7 (Mo. banc However, none of these cases answers the question before us. In each of the cases cited by Plaintiffs, no one questioned t......
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State v. Klos
...pre-election judicial review is appropriate when the proposed measure "is unconstitutional on its face." (emphasis added) State ex rel. Dahl v. Lange, 661 S.W.2d 7, 8 (Mo. banc 1983). We conclude, therefore, that such pre-election judicial review is both permissible and appropriate in cases......