Legal Opinion · Dissent

State Ex Rel. May Department Stores Co. v. Koupal

Supreme Court of Missouri

Decided July 21, 1992No. 74251Published

1Dissent

*321PAUL M. SPINDEN, Special Judge,

dissenting.

I respectfully dissent. The majority concludes that it is giving the language of § 135.225(8), RSMo 1986, its “plain and ordinary meaning,” but, in my opinion, the statute’s plain meaning requires that it be construed in relation to § 135.110, RSMo 1986.

I

The preamble to § 135.225 instructs that credits given to new business facilities located in an enterprise zone be “on the same terms and conditions specified in [§§ 135.-100 to 135.160]” with the exceptions noted. Hence, when § 135.225(8) mandates that a new business facility located in an enterprise…

2Cases cited11 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Gregory v. AshcroftSupreme Court of the United States · 1991
  4. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  5. Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973

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