Carter v. City of Pagedale

ROBERT G. DOWD, Jr., Chief Judge.

Appellants appeal from the judgment entered in favor of the City of Pagedale (City). Appellants contend the trial court erred in holding the City was authorized as a matter of law to appoint the chief of police under Section 79.050, RSMo 1994. Appellants argue that Section 79.050 grants to the City Board of Aldermen the power to create the office of the chief of police and Section 79.230, RSMo 1994, 1 grants to the mayor the power to appoint officers to positions created by ordinance. We reverse.

The parties submitted the case to the trial court on stipulated…