Eastern Missouri Laborers District Council by En Banc Supreme Court of Missouri

Eastern Missouri Laborers District Council

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WILLIAM H. BILLINGS, Judge Two cases originating in St. Louis County contested the alleged illegal expenditures of public funds. The trial court sustained a motion to dismiss in the Eastern Missouri Laborers District Council case. In Brawley v. McNary, the trial court found the taxpayer plaintiffs lacked standing to bring suit, although it heard evidence and ruled the issues. The court of appeals found the respective plaintiffs lacked standing. The cases were consolidated for transfer and argument before this Court in order to clarify Missouri's law on taxpayer standing. The Court finds plaintiffs in eace case have standing to bring suit as taxpayers. The Eastern Missouri Laborers case is reversed and remanded. The Brawley case is retransferred to the court of appeals for resolution of the issues. In Eastern Missouri Laborers District Council, et al., v. St. Louis County. Missouri, et al., the Court accepts as true all properly pleaded facts, giving the averments a liberal construction, and making reasonable inferences therefrom. Madden v.C & K Barbecue Carryout, Inc., 758 S.W.2d 59, 61 (Mo. banc 1988); Stiffelman v. Abrams, 655 S.W.2d 522, 525 (Mo.banc 1983). With these tenets in mind, the facts are set out below.

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