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PACE v. CITY OF HANNIBAL

No. 65725.

680 S.W.2d 944 (1984)

George H. PACE, et. al., Respondents-Appellants, v. CITY OF HANNIBAL, Missouri, a Municipal Corporation, Appellant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 18, 1984.

Attorney(s) appearing for the Case

J. Patrick Wheeler, Canton, for respondents-appellants.

Rhonda C. Thomas, St. Louis, Fredrich J. Cruse, Hannibal, for appellant-respondent.

James J. Wilson, Edward J. Hanlon, St. Louis, for amicus curiae, City of St. Louis (in support of appellant-respondent).

William Patrick Cronan, Fayette, for amicus curiae, Mo. Mun. League.

William H. Dahman, James W. Whitney, Jr., Terry Burnet, St. Louis, for amicus curiae, City of Hermann (in support of respondents-appellants).

Robert B. Hoemeke, Peter T. Wendel, St. Louis, for amicus curiae, Mo. Ass'n of Mun. Utilities (in support of appellant-respondent).

Richard S. Steinberg, St. Joseph, for amicus curiae, City of St. Joseph.

John P. Brown, Columbia, for amicus curiae, City of Columbia.

Karen E. Marty, Springfield, for amicus curiae, City of Springfield.

BLACKMAR, Judge.

The basic question presented by this appeal is whether an increase in the gross amount of funds transferred by the Hannibal Board of Public Works to the general revenue fund of the City of Hannibal as a payment "in lieu of franchise tax" is violative of the so-called Hancock Amendment (Art. X, § 22(a) of the Missouri Constitution).

Since 1914 the City of Hannibal has provided certain utility services to its residents.

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