Wentzville Public School Dist. v. Paulson, 50030
| Decision Date | 08 October 1985 |
| Docket Number | No. 50030,50030 |
| Citation | 699 S.W.2d 132 |
| Parties | 28 Ed. Law Rep. 936 WENTZVILLE PUBLIC SCHOOL DISTRICT, Plaintiff-Appellant, v. Joseph PAULSON, Defendant-Respondent. |
| Court | Missouri Court of Appeals |
Thomas A. Mickes and Bradley Stephen Hiles, St. Louis, for plaintiff-appellant.
Joseph Paulson, Foristell, for defendant-respondent.
Defendant, Joseph Paulson, a non-resident school teacher employed by plaintiff, Wentzville Public School District (Wentzville District), applied to have his non-resident child enrolled in Wentzville's school. Section 167.151, RSMo.Supp. 1984 allows the school board, in its discretion, to admit non-resident school pupils and "prescribe the tuition fee to be paid by them." Wentzville District was willing to accept defendant's child as a student. However, Section 168.151, RSMo. 1978, prohibits the school board from receiving "any money from any teacher employed by their district for the purpose of paying tuition." Accordingly, Wentzville District refused to register the child and sought declaratory relief to determine: The trial court ruled "that admission of Paulson's non-resident child without tuition will not constitute a violation of Section 167.151." The trial court in finding that Wentzville District "may, in its discretion, accept enrollment of the children of non-resident teachers without soliciting or collecting a tuition fee," did not decide whether section 168.151 is constitutional as applied to these facts. Plaintiff appeals and raises three points of error.
It is our duty to determine sua sponte whether this court has jurisdiction of the appeal even though not questioned by the parties. Knopke v. Knopke, 681 S.W.2d 13, 14 (Mo.App.1984).
The fundamental requisite for the assumption of jurisdiction to render a declaratory judgment is the existence of an actual, justiciable controversy between the parties as to their respective legal rights and duties, admitting a specific relief by way of a judgment conclusive in character and determinative of the issue involved. Glick v. Allstate Insurance Company, 435 S.W.2d 17, 20 (Mo.App.1968). A petition for declaratory judgment must present a real and substantial controversy admitting of specific relief through a decree of conclusive character as distinguished from a decree which is merely advisory as to the state of law upon purely...
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...as required by Article III and the court lacks jurisdiction to grant the requested relief." Id. at 929. Wentzville Pub. Sch. Dist. v. Paulson, 699 S.W.2d 132 (Mo.App.1985), applied this principle in holding that no bona fide controversy exists between two parties where they do not make oppo......
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...should have a conclusive effect and should lay to rest the parties' controversy. Mo.R.Civ.Pro. 87.07; Wentzville Public School Dist. v. Paulson, 699 S.W.2d 132 (Mo.App.1985). Without a concrete case to operate upon, a declaratory judgment cannot have that Let us suppose we should declare th......
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...and duties, admitting specific relief through a conclusive decree, as distinguished from an advisory one. Wentzville Pub. School Dist. v. Paulson, 699 S.W.2d 132, 133 (Mo.App.1985). A plaintiff must show that he has a legally protectable interest at stake and that the question presented is ......
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...parties. Peters v. Board of Education of Reorg. Sch. Dist. No. 5, 506 S.W.2d 429, 431 (Mo.1974). See also Wentzville Public School Dist. v. Paulson, 699 S.W.2d 132, 133 (Mo.App.1985); Allen v. Coffel, 488 S.W.2d 671, 674 (Mo.App.1972). Because a declaratory judgment action brought under the......