Legal Opinion · Dissent

City of Moline Acres v. Charles W. Brennan

Supreme Court of Missouri

Decided August 18, 2015No. SC94085Published

1DissentPatricia Breckenridge, Chief Justice

I agree with the majority’s conclusion that the City of Moline Acres’s ordinance does not conflict with state law by punishing drivers who permit their motor vehicles to be operated at a rate in excess of the speed limit and that the ordinance does not conflict with state law regarding the assessment of points because, while points are required for a violation of the ordinance, the ordinance is silent as to the assessment of points. I write separately, however, because I believe the majority’s analysis of the rebuttable presumption and the notice defects goes beyond the grounds for dismissal…

2Cases cited8 opinions

  1. Jamison v. State, Department of Social Services, Division of Family ServicesSupreme Court of Missouri · 2007
  2. State Ex Rel. Police Retirement System v. MurphySupreme Court of Missouri · 1949
  3. Foster v. StateSupreme Court of Missouri · 2011
  4. Estate of Austin v. SneadSupreme Court of Missouri · 2013
  5. Saint Louis Univ. v. Masonic Temple Ass'n of St. LouisSupreme Court of Missouri · 2007

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