Section 7.16 Conflict and Duplication Between Local Enactments and State Law

• Library: Local Government Deskbook (2017 Ed.)

D. (§7.16) Conflict and Duplication Between Local Enactments and State Law

Although all conflict problems involve issues of statute and ordinance interpretation, the ground rules for dealing with state-local conflicts are different than those for dealing with local-local conflicts.

Ordinances that conflict with state statutes are invalid. This is true even of the ordinances of charter cities, Cape Motor Lodge, Inc. v. City of Cape Girardeau, 706 S.W.2d 208 (Mo. banc 1986), except with respect to issues involving the creation or fixing of powers, duties, or compensation of municipal offices or boards, State ex rel. Sprague v. City of St. Joseph, 549 S.W.2d 873 (Mo. banc 1977). Conflicts between state statutes and the enactments of constitutional charter counties are dealt with differently than conflicts with the enactments of constitutional charter cities. See State ex rel. St. Louis Cnty. v....