Section 7.34 May Regulations Be Applied Retroactively?

• Library: Local Government Deskbook (2017 Ed.)

A. (§7.34) May Regulations Be Applied Retroactively?

The courts have a bias against regulations that have a retroactive effect. See St. Louis Cnty. v. University City, 491 S.W.2d 497, 499 (Mo. banc 1973) (“As a general rule ‘. . . statutes are construed to operate prospectively unless the legislative intent that they be given retrospective or retroactive operation clearly appears from the express language of the acts, or by necessary or unavoidable implication.’”) (emphasis added) (quoting State ex rel. Clay Equip. Corp. v. Jensen, 363 S.W.2d 666, 670 (Mo. banc 1963)). Generally, as discussed below, a compelling need to exercise police power dealing with public safety issues may overcome the bias against retroactive application of a local law. But this municipal legislation may receive heightened scrutiny by a reviewing court.

Under some...