Firemen's Retirement System of St. Louis v. City of St. Louis

COVINGTON, Judge.

This is a declaratory judgment suit brought by Firemen’s Retirement System of St. Louis (“FRS”) and the individual members of its Board of Trustees (“Trustees”) to determine whether secretary of FRS is a position within and subject to the civil service article of the charter of the City of St. Louis (“City”). FRS has the capacity to bring suit. Firemen’s Retirement System of St. Louis v. City of St. Louis, 754 S.W.2d 21, 24 (Mo.App.1988). In what was denominated as an affirmative defense to the suit, the City challenged the constitutionality of the enabling act under which…