City of DeSoto v. Nixon

The City of De Soto and De Soto resident James Acres (collectively “De Soto”) appeal the trial court’s grant of summary judgment to the governor and attorney general on De Soto’s suit seeking a declaratory judgment that section 321.322.41 violates the prohibition against special laws contained in article III, section 40 of the Missouri Constitution.

This case comes within the scope of this Court’s holding in Jefferson Cnty. Fire Protection Districts Ass’n v. Blunt, 205 S.W.3d 866, 870-71 (Mo. banc 2006), that a law is presumptively a special law in violation of article III, section 40 if, as…