On October 9, 2009, plaintiffs Barbara Manzara and Keith Marquard filed suit against the State of Missouri to seek a declaratory judgement that Section 99.1205 of the Missouri Revised Statutes violates the Missouri Constitution. A copy of the original petition is available here:
Manzara and Marquard v. State of Missouri
Plaintiffs’ counsel filed an Amended Petition for Declaratory Judgement in Cole County Circuit Court on November 2, 2009, available here:
Manzara et al. v. State of Missouri – Amended Petition – Filed November 2, 2009 – Cole County
Plaintiffs allege serious constitutional defects in the language and intent of RSMo 99.1205.
According to the fiscal notes that accompanied the bill authorizing 99.1205, this law requires that the State of Missouri grant $95 million in state tax credit to refund a program applicant’s private debts.
At a time of record budget shortfalls, the State of Missouri simply cannot afford to violate the constitution and bail out a private developer.
