McCollum v. Dir. of Revenue, 906 S.W.2d 368 (Mo. 1995). · Go Syfert
McCollum v. Dir. of Revenue, 906 S.W.2d 368 (Mo. 1995). Cases Citing This Book View Copy Cite
64 citation events (46 in the last 25 years) across 5 distinct courts.
Strongest positive: City of St. Peters, Missouri v. Bonnie A. Roeder (mo, 2015-08-18)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) City of St. Peters, Missouri v. Bonnie A. Roeder (5×) also: Cited as authority (quoted), Cited as authority (rule)
Mo. · 2015 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
if, however, a municipal ordinance conflicts with a general law of the state, it is void.
discussed Cited as authority (rule) Christopher Zang v. City of St. Charles, Missouri
Mo. Ct. App. · 2021 · confidence medium
City ordinances are to be upheld “unless the ordinance is expressly inconsistent or in irreconcilable conflict with the general law of the state.” Carlson, 292 S.W.3d at 373 (citing McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995)).
cited Cited as authority (rule) Cooperative Home Care, Inc. v. City of St. Louis
Mo. · 2017 · confidence medium
McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) Sarah Tupper, Respondents/Cross-Appellants v. City of St. Louis, Appellants/Cross-Respondents. (2×)
Mo. · 2015 · confidence medium
Municipal ordinances are presumed valid, McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995), and will be construed in light of the presumption of validity, see Reprod.
discussed Cited as authority (rule) City of Moline Acres v. Charles W. Brennan (2×)
Mo. · 2015 · confidence medium
This Court will adopt any reasonable construction necessary to avoid such a conflict “unless the ordinance is expressly inconsistent or in irreconcilable conflict with the general law of the state.” McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) Missouri Bankers Association, Inc., and Jonesburg State Bank v. St. Louis County, Missouri, and Charlie A. Dooley (2×)
Mo. · 2014 · confidence medium
McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) City of St. Peters, Missouri v. Bonnie A. Roeder
Mo. Ct. App. · 2014 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) City of St. John v. Thomas Brockus
Mo. Ct. App. · 2014 · confidence medium
McCollum v, Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) City of St. John v. Brockus
Mo. Ct. App. · 2014 · confidence medium
McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) City of Moline Acres v. Charles W. Brennan, Defendant/Respondent.
Mo. Ct. App. · 2014 · confidence medium
McCollum v. Dir. of Rev., 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) Brunner v. City of Arnold
Mo. Ct. App. · 2013 · confidence medium
Generally, ordinances are presumed to be “valid and lawful” and are construed in such a manner as to uphold its validity “unless the ordinance is expressly inconsistent or in irreconcilable conflict with the general law of the state.” McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995) (emphasis added).
cited Cited as authority (rule) Edwards v. City of Ellisville
Mo. Ct. App. · 2013 · confidence medium
McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) Unverferth v. City of Florissant
Mo. Ct. App. · 2013 · confidence medium
McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) State v. Liberty
Mo. · 2012 · confidence medium
Because “words contained in [a] statute or ordinance ... should be interpreted to avoid absurd results,” McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995), the amendment can only be read to evidence the legislature’s intent to permit only a single conviction for a defendant in Mr. Liberty’s position.
cited Cited as authority (rule) City of Kansas City v. Carlson
Mo. Ct. App. · 2009 · confidence medium
McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) Moynihan v. Gunn
Mo. Ct. App. · 2006 · confidence medium
Id. “[0]rdinances are presumed to be valid and lawful ... and should be construed to uphold [their] validity unless the ordinance is expressly inconsistent or in irreconcilable conflict with the general law of the state.” McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) Las Vegas Police Protective Ass'n Metro, Inc. v. Eighth Judicial District Court of the State of Nevada Ex Rel. County of Clark (2×)
Nev. · 2006 · confidence medium
Clark County Code § 2.62.060(b)(2) (providing that the citizen review board does not have jurisdiction over a complaint involving the “[c]onduct of an officer which is the subject of an ongoing criminal investigation or prosecution”); Las Vegas Municipal Code § 2.64.060(B)(2) (same); see Falcke v. Douglas County, 116 Nev. 583 , 588, 3 P.3d 661, 664 (2000) (recognizing that “[b]ecause counties obtain their authority from the [Legislature, county ordinances are subordinate to statutes if the two conflict”); Boulware v. State, Dep’t Human Resources, 103 Nev. 218, 219 , 737 P.2d 502, 5…
cited Cited as authority (rule) Home Builders Ass'n of Greater St. Louis, Inc. v. City of Wildwood
Mo. · 2003 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) Kincade v. Treasurer of the State of Missouri
Mo. Ct. App. · 2002 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo.1995).
cited Cited as authority (rule) Coomes v. Slater Development Corp.
Mo. Ct. App. · 2001 · confidence medium
W.D.1997) (citing McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995)). .
cited Cited as authority (rule) Lay v. P & G Health Care, Inc.
Mo. Ct. App. · 2000 · confidence medium
W.D.1997) (citing McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995)). 20 .
discussed Cited as authority (rule) State Ex Rel. Teefey v. Board of Zoning Adjustment of Kansas City (2×)
Mo. · 2000 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995); Law v. City of Maryville, 933 S.W.2d 873, 876 (Mo.App.1996).
cited Cited as authority (rule) Hovis v. Daves
Mo. · 2000 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995); sec. 115.577.
cited Cited as authority (rule) Outcom, Inc. v. City of Lake St. Louis
Mo. Ct. App. · 1999 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
discussed Cited as authority (rule) Mid-America Dairymen, Inc. v. Payne
Mo. Ct. App. · 1999 · confidence medium
Although an ordinance is presumed to be valid and lawful, McCollum v. Director of Revenue, 906 S.W.2d 368, 869 (Mo. banc 1995), “[a] municipal ordinance must be in harmony with the general law of the state and is void if in conflict.” Morrow v. City of Kansas City, 788 S.W.2d 278, 281 (Mo. banc 1990).
cited Cited as authority (rule) Carothers v. Carothers
Mo. Ct. App. · 1998 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) Brockman v. State
Mo. Ct. App. · 1998 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) Manfield v. Auditorium Bar & Grill, Inc.
Mo. Ct. App. · 1998 · confidence medium
Burch Food Services, Inc. v. Missouri Division of Employment Security, 945 S.W.2d 478, 480 (Mo.App.1997) (citing McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995)).
discussed Cited as authority (rule) Cronin v. State Farm Fire & Casualty Co. (2×)
Mo. Ct. App. · 1997 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) Missouri Ethics Commission v. Cornford
Mo. Ct. App. · 1997 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. banc 1995).
cited Cited as authority (rule) Burch Food Services, Inc. v. Missouri Division of Employment Security
Mo. Ct. App. · 1997 · confidence medium
McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo.1995).
discussed Cited "see" State of Missouri v. Adriano Raphael Clark, Sr. (2×)
Mo. · 2016 · signal: see · confidence high
See McCollum v. Dir. of Revenue, 906 S.W.2d 368, 369 (Mo.banc 1995) (a statute “should be interpreted to avoid absurd results”).
cited Cited "see" Carpenter Outdoor Advertising Co. v. City Of Fenton
8th Cir. · 2001 · signal: see · confidence high
See McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo. 1995) (en banc) (per curiam); Outcom, 996 S.W.2d at 575 .
cited Cited "see" Carpenter Outdoor Advertising Co. v. City of Fenton
8th Cir. · 2001 · signal: see · confidence high
See McCollum v. Director of Revenue, 906 S.W.2d 368, 369 (Mo.1995) (en banc) (per curiam); Outcom, 996 S.W.2d at 575 .
cited Cited "see, e.g." State ex rel. Industrial Services Contractors, Inc. v. County Commission of Johnson County
Mo. · 1996 · signal: see also · confidence medium
See also McCollum v. Director, 906 S.W.2d 368, 369 (Mo. banc 1995).
Retrieving the full opinion text from the archive…
David K. McCOLLUM, Appellant,
v.
DIRECTOR OF REVENUE, Respondent, and St. Charles County, Intervenor-Respondent
77670.
Supreme Court of Missouri.
Sep 19, 1995.
906 S.W.2d 368
1995 Mo. LEXIS 71
1995 WL 555644
Lester W. Duggan, Jr., St. Charles, for appellant., Jeremiah W. Nixon, Atty. Gen., F. Martin Dajani, Asst. Atty. Gen., Jefferson City, for respondent., Joan Leykam, County Counselor, Stephanie Gastman, Harold A. Ellis, Asst. County Counselors, St. Charles County, St. Charles, for intervenor-respondent.
Holstein, Benton, Price, Limbaugh, Robertson, Covington, Welsh.
Cited by 48 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Supreme Court of Missouri (2)
PER CURIAM.

On March 19, 1991, Appellant David McCollum purchased a 1988 Honda from a car dealer in St. Charles County. McCollum was charged a total of $51.95 for two separate county sales taxes. He now seeks a refund of that amount on the ground that the taxes were unlawfully imposed. The Director of Revenue denied the claim on April 13, 1994. The Administrative Hearing Commission (AHC), after a hearing, upheld the Director’s determination, and McCollum now appeals to this Court. Our jurisdiction is based on the need to construe two revenue laws, § 67.505, RSMo Supp.1979, and § 67.700, RSMo Supp.1985. Mo. Const, art. V, § 3. We affirm the AHC decision.

In a special election held on November 6, 1979, the voters of St. Charles County approved imposition of a one-half cent sales tax as authorized by § 67.505, RSMo Supp.1979. Thereafter, in a special election held on November 5, 1985, the voters of St. Charles County approved an additional one-half cent[*369] sales tax, this time under the authority of § 67.700, RSMo Supp.1985. After each election, the St. Charles County Commission issued an order to the Director certifying voter approval, referencing the respective statutes, and requesting implementation of the tax.

McCollum first contends that the AHC erred by excluding from evidence certain exhibits containing the ballot language and notices of election for the two sales tax elections. According to McCollum, these exhibits were relevant because the language of the ballots and the notices did not comply with the requirements of the statutes authorizing the elections. We need not address the merits of this point because the wording of a proposition on a ballot is an issue cognizable only in an election contest. Beatty v. Metropolitan St. Louis Sewer District, 700 S.W.2d 831, 838 (Mo. banc 1985). McCollum does not purport to bring an election contest. The exhibits were properly excluded from evidence.

McCollum next argues that the taxes are invalid because they are imposed at a rate different from that authorized by the statutes. Both § 67.505 and § 67.700 authorize a sales tax of “one-half of one percent.” By comparison, the county commissioner’s post-election tax orders use the terms “one-half cent sales tax” and “one-half cent (l/2<t) countywide sales tax.”

Ordinances are presumed to be valid and lawful. Parking Systems, Inc. v. Kansas City Downtown Redevelopment Corp., 518 S.W.2d 11, 16 (Mo.1974). [1] If, however, a municipal ordinance conflicts with a general law of the state, it is void. Kansas City v. LaRose, 524 S.W.2d 112, 116 (Mo. banc 1975). The ordinance should be construed to uphold its validity unless the ordinance is expressly inconsistent or in irreconcilable conflict with the general law of the state. Cape Motor Lodge, Inc. v. City of Cape Girardeau, 706 S.W.2d 208, 212 (Mo. banc 1986). The words contained in the statute or ordinance should be given their plain and ordinary meaning and should be interpreted to avoid absurd results. State ex rel. Jackson County v. Spreading, 522 S.W.2d 788, 791 (Mo. banc 1975). Moreover, it is not necessary that the ordinance follow the exact language of a statute on the same subject to avoid invalidity. LaRose, 524 S.W.2d at 117.

We find no irreconcilable conflict between the statutes and the tax orders. The statutes specify that the amount of the tax be expressed as a rate. Although the tax orders expressed that rate as a monetary unit, rather than as a percentage, the tax orders, by referencing the statutes, establish that one-half cent in this context means one-half of one percent. Moreover, the calculation of a one-half cent sales tax and one-half of one percent sales tax are the same. Therefore, we conclude that the tax orders are substantially in compliance with the statutory language, and the taxes are therefore valid.

For the above reasons, we affirm the AHC’s decision.

HOLSTEIN, C.J., BENTON, PRICE, LIMBAUGH, ROBERTSON and COVINGTON, JJ., and WELSH, Special Judge, concur.
1

. Both § 67.505 and § 67.700 speak in terms of an "ordinance or order" being enacted after an election; in the context of this case, we find no difference between an ordinance or order.