Missouri Court of Appeals, Southern District / Jun 23, 2023
PUBLIC WATER SUPPLY DISTRICT NO. 1 of GREENE COUNTY MISSOURI, Appellant vs. CITY OF SPRINGFIELD, MISSOURI, A MUNICIPAL CORPORATION, Respondent
Public Water Supply District No. 1 of Greene County, Missouri (PWSD-1) sued the City of Springfield, Missouri, alleging the City was unlawfully selling water within PWSD-1's exclusive service territory. The circuit court dismissed PWSD-1's petition with prejudice for failing to state a claim. The appellate court vacated the dismissal and remanded the case, holding that PWSD-1's petition adequately stated a claim for declaratory judgment, as a plaintiff is not required to show entitlement to the declaration on the merits to state such a claim.