GERKEN v. SHERMAN

No. WD 69053.

276 S.W.3d 844 (2009)

Linda GERKEN, Sheila Holt, Nancy Lynn, Trudy Blood, Galen Blood, Emma Lou Swopes, Brenda Gardner, and Missouri Council of the Blind, Appellants, v. Gary SHERMAN, and Missouri Family Support Division, Respondents.

Missouri Court of Appeals, Western District.

January 13, 2009.


Attorney(s) appearing for the Case

Deborah S. Greider, St. Louis, MO, for appellant.

Mark E. Long, Attorney General Office, Jefferson City, MO, for respondent.


PAUL M. SPINDEN, Judge.

Since 1875, the Missouri Constitution has required the General Assembly to levy an annual property tax to fund the blind pension fund. From this fund, the State is to pay pensions to "the deserving blind" as provided by statute. MO. CONST. art. III, § 38(b) (1945) (originally art. VI, § 47). At dispute in this case is who belongs to the class of "the deserving blind."

The appellants are the Missouri Council of the Blind and...

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