Disincorporation of the Village of Birmingham v. Mixon
Disincorporation of the Village of Birmingham v. Mixon
Opinion of the Court
The County Commission of Clay County denied appellants’ respective petitions for the disincorporation of the Village of Birmingham. The petitions alleged that the voters of the village had failed for one year and more to elect trustees. Their position is, as they have maintained throughout, that such failure made mandatory the disin-corporation thereof by the County Commission. Sec. 80.580, RSMo 1978.
The circuit court upon appeal affirmed the county court order denying the petitions, and the case comes here on appeal from the circuit court judgment.
Without a full record we are unable to review the case. In such a case, we must remand the case to the trial court, for remand in turn to the County Commission of Clay County. A new hearing must be held by the Commission and a record made and preserved for review. LaBravere v. Goldberg, 605 S.W.2d 79 (Mo. banc 1980); In re Village of Lone Jack, 419 S.W.2d 87 (Mo. banc 1967).
All concur.
. "Appeals from the decisions, findings and orders of county commissions shall be conducted under the provisions of Chapter 536, RSMo", § 49.230, RSMo Supp.1984.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.