State ex rel. Collector of Winchester v. Jamison

Summary

The Missouri Supreme Court held that section 71.675, RSMo Supp. 2009, improperly amended Missouri Rule of Civil Procedure 52.08 by restricting cities and towns from serving as class representatives in tax actions against telecommunications companies. Because the statute was not enacted in a law limited to the purpose of amending the court rule, as required by article V, section 5 of the Missouri Constitution, the statute could not supersede Rule 52.08. The court quashed the preliminary writ of prohibition and issued a permanent writ of mandamus directing the trial court to vacate its order striking Winchester’s class action allegations.

Holdings

1. Section 71.675 impermissibly amended Rule 52.08(a) by adding a restriction on who may serve as a class representative, but it was not enacted in a law limited to that purpose and did not expressly refer to Rule 52.08. The statute therefore violated article V, section 5 and could not displace the rule.
2. Section 71.675 regulated the procedural authority or qualification to sue in a representative capacity, not the municipalities' substantive standing to sue.
3. The circuit court exceeded its authority by striking Winchester's class-action allegations based on section 71.675.

Questions Presented

1. Whether section 71.675, RSMo Supp. 2009, impermissibly amended Missouri Rule of Civil Procedure 52.08 by adding a qualification for class representatives without being enacted in a law limited to that purpose as required by article V, section 5 of the Missouri Constitution.
2. Whether section 71.675 affected municipalities' substantive standing to sue rather than the procedural qualification to serve as class representatives.
3. Whether the circuit court exceeded its authority by striking Winchester's class-action allegations under section 71.675.

Disposition

writ_granted