State Ex Rel. City of Crestwood v. Lohman

I concur that the Cole County Circuit Court was not bound by the earlier decision of the St. Louis County Circuit Court as to the constitutionality of section 94.577, RSMo Supp.1994, and that the writ of mandamus should be quashed on remand. I write separately because I disagree with the rationale used by the majority to reach this result.

The majority holds that the City of Crest-wood and the St. Louis County Board of Election Commissioners (“the Board”) were not sufficiently adverse as to the issue of the constitutionality of the exception of St. Louis County from the compass of section…