Missouri Court of Appeals, Eastern District / Aug 22, 2023
Thomas Sullivan, et al., Appellants, vs. City of University City, et al., Respondents.
Thomas Sullivan and David Harris, taxpayers in University City, sued the City and its officials, seeking a declaratory judgment that public funds were improperly used to advocate for a ballot measure, Proposition F, in violation of section 115.646. The trial court dismissed their petition with prejudice. The Eastern District of the Missouri Court of Appeals affirmed, holding that section 115.646 does not provide a private cause of action for taxpayers, and therefore, any amendment to the petition would be futile, justifying the dismissal with prejudice.