Section 18 Remedy for Violation of State Mandate Provision

• Library: Tax Law 2009

In Fort Zumwalt School District v. State, 896 S.W.2d 918 (Mo. banc 1995), discussed in §2.16 above, the Supreme Court of Missouri addressed the issue of whether a violation of article X, § 21, of the Missouri Constitution may result in a money judgment against the state. Fort Zumwalt, 896 S.W.2d at 923. Based on the doctrine of sovereign immunity, the Court held that, absent the state’s consent, a money judgment may not be awarded against the state to fund a state-mandated activity. Thus, the only remedy...