State ex rel. Riordan v. Dierker, No. 79781

CourtUnited States State Supreme Court of Missouri
Writing for the CourtJason S. Spillman; HOLSTEIN; BENTON, C.J., and PRICE, LIMBAUGH, ROBERTSON and WHITE, JJ., and REINHARD; COVINGTON
Citation956 S.W.2d 258
PartiesSTATE ex rel. James F. RIORDAN, et al., Relators, v. Honorable Robert H. DIERKER, Jr., Judge, Circuit Court, City of St. Louis, Respondent.
Decision Date25 November 1997
Docket NumberNo. 79781

Page 258

956 S.W.2d 258
STATE ex rel. James F. RIORDAN, et al., Relators,
v.
Honorable Robert H. DIERKER, Jr., Judge, Circuit Court, City
of St. Louis, Respondent.
No. 79781.
Supreme Court of Missouri,
En Banc.
Nov. 25, 1997.

James C. Owen, Elaine M. Moss, Katherine S. Walsh, St. Louis, for Relators.

Page 259

Jason S. Spillman, J. Kent Lowry, Jefferson City, for Respondent.

HOLSTEIN, Judge.

Relators seek a writ of mandamus to compel the judge of the Circuit Court of the City of St. Louis to retransfer to Cole County a case that Relators allege was improperly transferred from Cole County. Pursuant to article V, sec. 4 of the Missouri Constitution, this Court issued an alternative writ of mandamus to determine if sec. 84.015, RSMo Supp.1996, mandates that actions against the Board of Police Commissioners of Metropolitan St. Louis be brought exclusively in the City of St. Louis. We hold that it does not. The alternative writ of mandamus is made peremptory.

I.

Plaintiffs in the underlying suit serve as trustees of the Police Retirement System of St. Louis ("Retirement Board"), which is established and governed by chapter 86, RSMo. Defendants in that suit are members of the Board of Police Commissioners of Metropolitan St. Louis ("Police Board"), which is established and governed by chapter 84, RSMo.

Effective August 28, 1993, sec. 86.213 was amended to provide as follows:

Each commissioned elected trustee shall be granted travel time by the St. Louis metropolitan police department to attend any and all functions that have been authorized by the board of trustees of the police retirement system of St. Louis. Travel time for a trustee shall not exceed thirty days in any board fiscal year.

Sec. 86.213.2, RSMo 1994.

The following month, the office of the chief of police issued Special Order 80-S-45, section XII of which sets forth the language now codified as sec. 86.213.2. In addition, the Special Order contains the following paragraph:

Department members, who are trustees, may be granted a minimum of two (2) travel days per function at the discretion of the Chief of Police. If a function is scheduled to last longer than the number of travel days granted by the Chief of Police, the member will be allowed to use vacation days and discretionary holidays for this purpose. If the member does not personally request the use of vacation days or discretionary holidays, a furlough without pay will be allowed.

On September 17, 1996, the individual members of the Retirement Board filed a petition for declaratory judgment and damages against the individual members of the Police Board in the Circuit Court of Cole County. In count I of its petition, the Retirement Board sought a judgment declaring that sec. 86.213.2, requires that active Retirement Board trustees be compensated for time spent en route and while attending all functions authorized by the Retirement Board, subject to the thirty day limitation contained therein. In count II, two individual members of the Retirement Board sought actual damages for the Police Board's failure to compensate them for full travel time spent attending functions authorized by the Retirement Board.

The Police Board filed a motion to dismiss. The Police Board argued that venue was improper in Cole County and that the action should be dismissed or, alternatively, transferred to the City of St. Louis. On March 3, 1997, after hearing oral argument, the Circuit Court of Cole County found venue to be improper in Cole County under sec. 84.015, RSMo Supp.1996. Accordingly, the court ordered the cause transferred to the City of St. Louis. The Retirement Board filed a petition for writ of prohibition in the Court of Appeals, Western District, which was denied without comment. The Retirement Board then sought a writ of prohibition from this Court, which was treated as a writ of mandamus because the cause had already been transferred to the Circuit Court of the City of St. Louis. This Court sustained the Retirement Board's petition...

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30 practice notes
  • Reeves-Weible v. Reeves, REEVES-WEIBL
    • United States
    • Missouri Court of Appeals
    • June 30, 1999
    ...a careful reading of the statute, while giving the language used its plain and ordinary meaning, State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997), would indicate that the court in deciding the best interests of a child, as statutorily required, in any proceeding involvi......
  • State v. Beck, No. WD 63708.
    • United States
    • United States State Supreme Court of Missouri
    • July 26, 2005
    ...giving the language used its plain and ordinary meaning, and give effect to that intent, if possible. State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997). If the intent of the legislature is clear and unambiguous, giving the language used in the statute its plain and ordin......
  • Blue Cross and Blue Shield v. Nixon
    • United States
    • Court of Appeal of Missouri (US)
    • June 20, 2000
    ...is to ascertain the intent of the legislature and give effect to that intent if possible. State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997). In accomplishing this task, we must look to the language used, giving words their plain and ordinary meaning. Id. When a word used......
  • State v. Public Serv. Comm'n of the State of Mo, WD59196
    • United States
    • Court of Appeal of Missouri (US)
    • December 26, 2001
    ...to ascertain the intent of the legislature by giving the language used its plain and ordinary meaning. State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997); Blue Cross & Blue Shield of Kansas City, Inc. v. Nixon, 26 S.W.3d 218, 228 (Mo. App. 2000) (en banc). "Where the lang......
  • Request a trial to view additional results
30 cases
  • Reeves-Weible v. Reeves, REEVES-WEIBL
    • United States
    • Missouri Court of Appeals
    • June 30, 1999
    ...a careful reading of the statute, while giving the language used its plain and ordinary meaning, State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997), would indicate that the court in deciding the best interests of a child, as statutorily required, in any proceeding involvi......
  • State v. Beck, No. WD 63708.
    • United States
    • United States State Supreme Court of Missouri
    • July 26, 2005
    ...giving the language used its plain and ordinary meaning, and give effect to that intent, if possible. State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997). If the intent of the legislature is clear and unambiguous, giving the language used in the statute its plain and ordin......
  • Blue Cross and Blue Shield v. Nixon
    • United States
    • Court of Appeal of Missouri (US)
    • June 20, 2000
    ...is to ascertain the intent of the legislature and give effect to that intent if possible. State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997). In accomplishing this task, we must look to the language used, giving words their plain and ordinary meaning. Id. When a word used......
  • State v. Public Serv. Comm'n of the State of Mo, WD59196
    • United States
    • Court of Appeal of Missouri (US)
    • December 26, 2001
    ...to ascertain the intent of the legislature by giving the language used its plain and ordinary meaning. State ex rel. Riordan v. Dierker, 956 S.W.2d 258, 260 (Mo. banc 1997); Blue Cross & Blue Shield of Kansas City, Inc. v. Nixon, 26 S.W.3d 218, 228 (Mo. App. 2000) (en banc). "Where the lang......
  • Request a trial to view additional results

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