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ROBERTS v. McNARY

No. 63798.

636 S.W.2d 332 (1982)

Wilhelmina D. ROBERTS, Respondent, v. Gene McNARY, St. Louis County Executive, et al., Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 23, 1982.

Attorney(s) appearing for the Case

James H. White, Assoc. County Counselor, Katherine L. Gayer, Asst. County Counselor, Clayton, for appellants.

Lewis C. Green, St. Louis, for respondent.

Alex Bartlett, Jefferson City, Aaron A. Wilson, City Atty., Geo. L. DeBitetto, Asst. City Atty., Kansas City, Howard C. Wright, Jr., City Atty., Springfield, Russell D. Jacobson, Assoc. County Counselor, Kansas City, Joseph R. Niemann, City Counselor, Robert H. Dierker, Jr., Edward J. Hanlon, Asst. City Counselors, St. Louis, William Patrick Cronan, Fayette, for amici curiae.

DONNELLY, Chief Justice.

On November 4, 1980, Missouri voters adopted an amendment to their State Constitution—Article X, §§ 16 through 24, inclusive (the Hancock Amendment). Section 22, which is pertinent here, provides in part as follows:

"§ 22. [Taxation by political subdivisions, limitations—repayment of bonds] Section 22. (a) Counties * * * are hereby prohibited from levying any tax, license or fees, not authorized...

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