Wednesday, June 10, 2015

The Muni's, in their quest for illegal tax revenue, have been defrauding the schools of their funding.

Amicus Brief "friend of the court brief" filed in the Municipal League  lawsuit against SB5/Macks Creek Law in Missouri.

The Municipalities have a bizarre interpretation of the Missouri Constitution that Article One Section one is either void or  that the people have assigned their authority to the municipalities. Most of which are nothing more than homeowner associations on steroids. They have no legal power, they only have perceived power. Even the Charter Cities are subservient to state law. They wrongly argue that "home rule" gives them immunity from the Constitutions and other laws within their boundaries.
Home rule does not apply to non-charter 3rd and 4th class cities. Home rule is void when the city law conflicts with state or county law.

The interesting part of this brief is that the Missouri Constitution MANDATES that all fines, including traffic fines must be diverted to the state school fund. That the Supreme Court has repeatedly ruled that any fine collected in Missouri must go to the school fund. Each of the many challenges has been rebuffed by the court as saying ALL fines in Missouri must be diverted to the schools. That Legislative action does not trump the Constitutional Rule. That if the legislators wish to change this, they must follow the rules to change the Missouri Constitution.


St Louis City on 3400 Duncan, the city has JUST put up new "no parking signs". These signs are designed to enforce the "no parking within 5' of driveway" ordinance. Some of these signs are 20' from the driveway. Thus cars will be cited for NOT violating the ordinance.