Section 33 Attorney Fees

• Library: Tax Law 2009

Missouri Constitution article X, § 23, of the Hancock Amendment provides that a successful plaintiff in a suit brought to enforce §§ 16–22 of Hancock may recover costs, including attorney fees, incurred in maintaining the suit. But when a suit involves the Hancock Amendment only peripherally and rests on other constitutional provisions, attorney fees cannot be based on the claimed enforcement of Hancock and will not be awarded. Baumli v. Howard County, 660 S.W.2d 702, 706 (Mo. banc 1983). Furthermore, when the party claiming a violation of the Hancock Amendment does not prevail, attorney fees will not be awarded. Pace v. City of Hannibal, 680 S.W.2d 944, 948 (Mo. banc 1984).

In Roberts v. McNary, 636 S.W.2d 332 (Mo. banc 1982), discussed in §2.21 above, the Supreme Court...