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STATE EX REL. CITY OF MONETT v. LAWRENCE COUNTY

Nos. SD 31500, SD 31502.

407 S.W.3d 635 (2013)

STATE of Missouri, ex rel., CITY OF MONETT, Missouri, Respondent, v. LAWRENCE COUNTY, Missouri, Kelli McVey, Sharon Kleine, Defendants, Barry County, Missouri, Gary Youngblood, Janice Varner, and Lois Lowe, Appellants, Barry County Emergency Services E-911 Board, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 4, 2013.

Application for Transfer Denied October 1, 2013.

Attorney(s) appearing for the Case

Cordelia F. Herrin , David A. Cole , Ellis, Cupps and Cole, Cassville, for Appellant.

Mary Jo Shaney , Kevin Mason, White Goss Bowers March Schulte & Weisenfels, PC, Kansas City, for Respondent.

DANIEL E. SCOTT, P.J., Judge.

This appeal involves tax increment financing (TIF).1 There are two principal questions:

1. Can a county watch TIF projects be undertaken and completed, and collect, distribute, and retain TIF monies related thereto, all for years without protest, then claim the TIF actions were void ab initio? 2. Is an E-911 tax subject to TIF allocation if voters approved the tax after the TIF district...

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