Section 14.6 Public Corporations

• Library: App Ct Prac 2015 Supp

a. (§14.6) Public Corporations

As to public corporations, quo warranto is the exclusive remedy to inquire into the legality of the organization of the various types of subdivisions of the state. Watts v. Gross, 468 S.W.2d 223 (Mo. App. W.D. 1971). This remedy has been used in actions involving:

· levee districts, State ex inf. Brummall ex rel. Powell v. Gromer, 252 S.W. 705 (Mo. 1923);

· road districts, State ex inf. Holt ex rel. Jones v. Meyer, 12 S.W.2d 489 (Mo. 1928);

· drainage districts, State ex rel. Byrd v. Knott, 75 S.W.2d 86 (Mo. App. S.D. 1934);

· a county, State ex rel. Douglass v. Scott, 17 Mo. 521 (1853);

· cities, State on inf. Eagleton v. Champ, 393 S.W.2d 516 (Mo. banc 1965); State ex rel. Crow v. Fleming, 44 S.W. 758 (Mo. banc 1898); State at inf. Dalton ex rel. Tucker v. Mattingly, 275 S.W.2d 34 (Mo. App. S.D. 1955);

· school districts, State ex rel. Miller v. Consol. Sch. Dist. No. 7, Holt County, 1 S.W.2d 94 (Mo. 1927), where it was claimed that fraud in the election made the organization of the district illegal; and

· fire protection districts, State ex inf. Braun v. Kellar, 871 S.W.2d 463 (Mo. App. E.D. 1994).

A quo warranto petition brought by a property owner seeking a determination that the petitioner’s land was not lawfully annexed by the municipality was subject to the statute of limitations applicable to actions brought upon statutes, notwithstanding the alleged fraud committed by the municipality. State ex rel. Kelley Props., Inc. v. City of Town & Country, 797 S.W.2d 519 (Mo. App. E.D. 1990). An attack on the existence and legality of a municipality can only be made through a quo warranto proceeding unless the incorporation did not attain de facto status. City of Town & Country v. Goldman, 778 S.W.2d 300 (Mo. App. E.D. 1989).

When it is claimed that the organization of a city is void, this fact can be inquired into by an action in quo warranto directly against the city, see State...