Section 15.16 Burden of Proof and Miscellaneous Matters

• Library: Local Government Deskbook (2017 Ed.)

2. (§15.16) Burden of Proof and Miscellaneous Matters

The burden of proof in a declaratory judgment action relates to the burden of proceeding with the evidence. The test of the reasonableness and necessity of a city’s determination to annex is whether it was fairly debatable regardless of which party brings the suit and has the burden of proceeding. In Mayor, Councilmen & Citizens of City of Liberty v.Beard, 613 S.W.2d 642 (Mo. App. W.D. 1981), the court further refined that statement by ruling that there was no burden of proof in an annexation proceeding, only a burden of proceeding with the evidence.

City of Valley Park v. Armstrong, 273 S.W.3d 504 (Mo banc 2009), involved a limited hearing procedure before the Boundary Commission created in accordance with §§ 72.400 et seq., now RSMo 2016. The Court determined the case was a noncontested case. Even though a public hearing was held, it was not an adjudicatory hearing in which the City could establish its case, cross-examine witnesses, and otherwise develop an...