Walton v. City of Berkeley

DANIEL E. SCOTT, Special Judge.

The City of Berkeley appeals a judgment for $181,049 in favor of Elbert A. Walton, Jr., on Walton’s claims for compensation relating to his service as city attorney. After opinion by the Court of Appeals, Eastern District, a dissenting judge certified the appeal to this Court. Mo. Const, art. V, sec. 10. The judgment is reversed, and the case is remanded.

I

Walton was appointed city attorney for the City of Berkeley in November 1996, upon the acting city manager’s recommendation and after a city council vote. On three later occasions, the city manager recommended…