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eBook details

• Title: State Missouri v. Thomas Villa
• Author : Eastern District, Division Four Court of Appeals of Missouri
• Release Date : January 05, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This appeal arises out of a challenge by several St. Louis aldermen to the adoption of the 1992-93 budget for the City of
St. Louis (City). The aldermen brought an action in the trial court alleging that Board Bill No. 1, the budget ordinance,
had not been properly submitted and recommended to the Board of Aldermen on or before May 2, 1992, and therefore no valid
budget ordinance had been enacted by the Board of Aldermen. The trial court granted the motion for summary judgment filed
by defendants, the City and two of its officials, and denied a writ of mandamus. The plaintiff aldermen 1 appeal from this
judgment. We affirm. Plaintiffs initiated this action on June 30, 1992, the day before the start of the City's fiscal year. On July 8, 1992 plaintiffs
Stephen Conway, Geraldine Osborn, Bertha Mitchell, Sharon Tyus, Irving Clay, Claude Taylor and Robert Ruggeri, all members
of the St. Louis Board of Aldermen, filed an amended petition in three counts against defendants Thomas A. Villa, President
of the Board of Aldermen; Vincent C. Schoemehl, Jr., Mayor; and the City. In Count I the plaintiffs alleged that the City's
Board of Estimate and Apportionment (Board of E & A), consisting of the Mayor, Comptroller, and President of the Board
of Aldermen, did not submit and recommend a proposed budget ordinance to the Board of Aldermen at its May 1, 1992 meeting.
Plaintiffs alleged that the proposed budget ordinance was not recommended by the Board of E & A until defendant Villa
introduced it as Board Bill No. 1 at the Board of Aldermen's May 8, 1992 meeting. Plaintiffs also alleged the Board of E &
A's proposed budget ordinance failed to include $5.1 million in receipts estimated by the City's License Collector.

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