State ex rel. Normandy School Dist. of St. Louis County v. Small, 49177

• Decision Date: 09 April 1962
• Docket Number: No. 49177,49177
• Parties: STATE of Missouri, at the Relation of NORMANDY SCHOOL DISTRICT OF ST. LOUIS COUNTY, Missouri, and the Curators of the University of Missouri, Relators, v. Fred R. SMALL, as President of the School Board of the Normandy School District of St. Louis County, Missouri, Respondent.
• Court: Missouri Supreme Court

Page 864

356 S.W.2d 864

STATE of Missouri, at the Relation of NORMANDY SCHOOL

DISTRICT OF ST. LOUIS COUNTY, Missouri, and the

Curators of the University of Missouri, Relators, v. Fred R. SMALL, as President of the School Board of the

Normandy School District of St. Louis County,

Missouri, Respondent.

No. 49177.

Supreme Court of Missouri, En Banc.

April 9, 1962.

Rehearing Denied May 14, 1962.

John H. Lashly, St. Louis, for relator Normandy School Dist. of St. Louis County, Paul M. Peterson, Columbia, for relator The Curators of the University of Missouri, Lashly, Lashly & Miller, St. Louis, of counsel.

John B. Sharpe, St. Louis, for respondent.

Hayes & Hayes, James P. Hayes, St. Louis, for amicus curiae.

DALTON, Judge.

This is an original proceeding in mandamus. Our alternative writ was issued upon relators' application therefor and respondent's waiver of service and acceptance of the application as the alternative writ. After the filing of respondent's return, the parties filed a stipulation as to the facts, whereupon relators filed their motion for judgment notwithstanding respondent's return.

Relator Normandy School District is a city school district duly organized and existing under the laws of the State of Missouri. Section 165.263 RSMo 1959, V.A.M.S. Relator, The Curators of the University of Missouri, is a legal entity of the State of Missouri duly existing under the Constitution of the State of Missouri [Sections 9(a) and 9(b), Article IX, Constitution of Missouri, V.A.M.S.], and designated as a body politic by Section 172.020 RSMo 1959, V.A.M.S. Respondent, Fred R. Small, is and was at all the times mentioned herein the duly elected, qualified and acting President of the Board of Directors of Normandy School District of St. Louis County, Missouri, and as such it was his duty among other things to execute lawful and properly authorized conveyances of real estate on behalf of the District.

By this proceeding in mandamus, relators seek to compel respondent to execute a deed conveying certain described property of the relator Normandy School District to The Curators of the University of Missouri under the provisions of a contract entered into by and between the parties, relators herein. The contract resulted from a resolution adopted by The Board of Curators of the University of Missouri at its October 27, 1961 meeting, which resolution authorized the making of a particular offer to the Board of Education of the Normandy School District. The resolution, after the recital of numerous alleged facts in whereas paragraphs, authorized the President and Business Manager of the University to negotiate with the Normandy School District for the transfer to it of a particularly described tract of land, consisting of approximately 128 acres of land with improvements, owned by the Normandy School District and located therein at 8001 Natural Bridge Road, St. Louis County, and further authorized and directed the making of a firm offer to said Normandy School District that, '* * * if it can and will transfer marketable title to the University, the University will pay the School District the sum of $60,000.00 therefor.' Various conditions were ordered to be joined in the offer, including the following provision: 'That title shall be conveyed to The Curators of the University of Missouri by warranty deed for use in its educational purposes, subject only to taxes and restrictions and encumbrances of record and that a final decision shall be obtained from the Supreme Court holding that the School District is authorized to make this transfer.'

The offer was communicated to the Normandy School District by the letter of the President of the University, dated October 27, 1961, in accordance with the said resolution adopted by The Board of Curators of the University. Thereafter, on November 4, 1961, the Normandy School District accepted the mentioned offer and agreed to take steps to promptly comply with the conditions stated in the offer. The acceptance was purportedly authorized by a resolution adopted by the Normandy School District which purported to state the reasons for the acceptance. Included in the resolution authorizing acceptance of the offer was a provision that if, after acceptance, '* * * it is determined by the Supreme Court that the District cannot convey title as herein provided, both parties shall be released from the terms of this contract.'

Thereafter, the form for a general warranty deed conveying the particularly described property to The Curators of the University of Missouri '* * * in consideration of the sum of Sixty-Thousand Dollars ($60,000.00) and other good and valuable consideration * * *' was prepared and submitted to the president of said School District Board (respondent), who refused to execute it on behalf of said School District. The proposed deed would have conveyed the mentioned property to The Curators of the University of Missouri 'subject to all restrictions and easements of record,' with a habendum clause, as follows: 'To Have and to Hold the same, together with all rights and appurtenances to the same belonging, unto the Party of the Second Part, and to its transferees, successors and assigns so long as used for its educational purposes.'

The stipulation of facts recites that the Normandy School District of St. Louis County comprises an area of approximately fifteen square miles; that it has a population of approximately 52,000 people, and has twenty-six separate incorporated areas within its boundaries; that on September 20, 1958, the voters of the School District approved a $625,000 bond issue to enable said School District to purchase the property here involved; that the 128 acres, with the then existing improvements, were purchased in 1959; that the purchase price was $600,000; and that, when said bond issue was approved by the voters, it was determined that a tax of five cents per $100 valuation of real property for a period of twenty years would be necessary to retire said bonds; and that subsequent to the acquisition of the property by the School District, an increase in the value of real property within the School District, as determined by a reassessment thereof, caused the tax to be reduced to 3.8 cents for $100 assessed valuation to retire said bonds in twenty years. There is no stipulation or other evidence as to the actual market value of the property on November 4, 1961.

Relators' statement of facts, which has the approval of the respondent, recites that: 'On the 13th day of May, 1960, by authority of Section 70.220, R.S.Mo., the University of Missouri and the School District entered into a contract for the joint use of this property for the purpose of establishing and operating a Junior College under the name of University of Missouri--Normandy Residence Center, under which the District was to recondition the club house and ready the property for school purposes, and the University was to furnish the teaching staff and give the institution the benefits of the University's own curriculum for the first two years of college work, and the dignity and sanction of the University itself as a goal for students finishing the 14th grade in said Residence Center.'

It is further admitted 'that the School Board of relator School District, at a regularly called and duly held meeting on November 4, 1961, made determinations: (1) that the aforesaid property located at 8001 Natural Bridge Road in said Scool District is not required for the use of the School District, (2) that the said property could be used for purposes of offering education beyond grade twelve by an institution of higher education, and particularly by the University of Missouri, (3) that the taking over of the Junior College now designated as University of Missouri--Normandy Residence Center by The Curators of the University of Missouri for use by it for its educational purposes would be of great and inestimable value to the residents of Normandy School District and to the youth residing therein and others seeking such advantages, (4) that it would be to the best educational interest of the Normandy School District to transfer the aforesaid property to The Curators of the University of Missouri for use in its educational purposes, (5) that the said written offer of The Curators of the University of Missouri then before the Board was fair and reasonable considering the educational and other advantages that would be afforded to the relator School District and the entire community, and (6) that said offer should be accepted.'

The record, however, fails to show that any specific obligation was to be assumed by The Curators of the University of Missouri in exchange for the conveyance of the mentioned real estate to it 'for use in its educational purposes,' other than the payment of $60,000, although the stipulation of facts signed by the parties does recite that: 'Upon acquisition of the subject property by the Board of Curators, the University will continue to operate the facility as a two-year college financed by student fees, until such time as the legislature shall authorize its expansion and the development of further facilities on the site.' No such proposition was incorporated in the offer submitted to the School District by the president's letter of October 27, 1961.

We need not here relate other detailed facts and circumstances alleged in the application for the alternative writ of mandamus, mentioned in the stipulation of facts filed by the parties, or set out in the statement in relators' brief, all tending to show that it is highly desirable and would be extremely beneficial to both of the relators and to the general public that the contract between the relators be carried into effect by the execution and delivery of the mentioned deed.

Relators contend that the relator School District is empowered to make the conveyance in question under the provisions of Section 165.833 RSMo 1959,...