Procedural History
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:
Manzara et al. v. State of Missouri – Amended Petition – Filed November 2, 2009 – Cole County
On December 28, 2009, Judge Richard Callahan heard Plaintiffs’ motion for a Temporary Restraining Order:
Plaintiffs appealed the Circuit Court’s decision in 2010, and the Missouri Supreme Court heard the case on March 23, 2011. Listen to oral arguments here. As of July 2011, the case is under review.
Argument
Plaintiffs allege serious constitutional defects in the language and intent of RSMo 99.1205.
According to fiscal notes that accompanied the 2009 bill authorizing 99.1205, this law requires the State of Missouri to grant $95 million in state tax credits to refund a St. Louis developer’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.
