Case Law

Case Summaries

CASE CITATION	CATEGORY	HOLDING
Kansas City Star Company v. Shields, 771 S.W.2d 101 (Mo. App. W.D. 1989)	Open Meetings	Budget Committee’s luncheon meeting with City Budget Officer and City Manager subject to public notice requirements of the Missouri Sunshine Law.
Charlier v. Corum, 774 S.W.2d 518 (Mo. App. W.D. 1989)	Public Governmental Body	Sheriff is an administrative entity created by state statute and is, therefore, subject to Missouri Sunshine Law.
Librach v. Cooper,  778 S.W.2d 351 (Mo. App. E.D. 1989)	Public Records Exemption	Severance Agreement between Superintendent and Public School District is Public Record subject to Public Inspection.
Defino v. Civic Center Corp.,  780 S.W.2d 665 (Mo. App. E.D. 1989)	Open Meetings	Constituent meeting with less than a quorum of the Board of Aldermen was not subject to public notice and open meeting requirements of the Missouri Sunshine Law.
Fitzgerald v. City of Maryland Heights,  796 S.W.2d 52 (Mo. App. E.D. 1990)	Open Meetings Remedy	City Council’s failure to comply with public notice requirements of the Missouri Sunshine Law did not excuse Mayor’s refusal to comply with directive adopted by the City Council in a meeting where the Mayor was present.
Missouri Protection& Advocacy Services v. Allan, 787 S.W.2d 291 (Mo. App. W.D. 1990)	Public Record	Preliminary draft report prepared by the U.S. Office of Special Education Programs in possession of the Missouri Department of Elementary and Secondary Education is a public record.
Charlier v. Corum, 794 S.W.2d 676 (Mo. App. W.D. 1990)	Remedy	Sheriff’s good faith belief and reliance upon advice of legal counsel are not defenses to purposeful violation of Missouri Sunshine Law.
City of St. Louis v. City of Bridgeton,  806 S.W.2d 717 (Mo. App. E.D. 1991)	Public Records Exemption	City purchasing contiguous parcels in a single subdivision may close records relating to sales price of parcels until all of the parcels have been acquired.
Paskon v. Salem Memorial Hospital District, 806 S.W.2d 417 (Mo. App. S.D. 1991)	Public Records Exemption	Physician accorded privileges at public hospital and paid an hourly wage was public employee under the Missouri Sunshine Law.
Wolfskill v. Henderson,  823 S.W.2d 112 (Mo. App. W.D. 1991)	Public Records Exemption	Police Department’s internal investigative files relating to discipline of public employee are closed records.
Pultizer Publishing Co. v. Missouri State Employees’ Retirement System,  927 S.W.2d 477 (Mo. App. W.D. 1996)	Public Records Exemption	Pension system may not close public records absent express statutory authority set forth in Missouri Sunshine Law.
Deaton v. Kidd, 932 S.W.2d 804 (Mo. App. W.D. 1996)	Public Records	Government entity may not restrict public access to records by selling exclusive rights to computer tapes of public records to bidder.
Colombo v. Buford, 935 S.W.2d 690 (Mo. App. W.D. 1996)	Statute of Limitations	Lawsuit must be filed within 6 months after questionable meeting was discovered or when it could have been ascertained.  A member of governmental body is not a governmental body.
City of Springfield v. Events Publishing Co., 951 S.W.2d 366 (Mo. App. S.D. 1997)	Public Records Exemption Remedy	Names and addresses of utility customers are public records, unless a customer has requested confidentiality.  Government entity filing declaratory judgment responsible for prevailing party’s attorney’s fees.
News-Press and Gazette Co. v. Cathcart, 974 S.W.2d 576 (Mo. App. W.D. 1998)	Public Governmental Body	Coroner is public governmental body.  Autopsy report used in active investigation is a closed record.
Spradlin v. City of Fulton, 982 S.W.2d 255 (Mo.banc 1998)	Open Meeting Remedy	City’s closed meeting discussions violated open meetings provision of Missouri Sunshine Law.  City held not liable for attorney’s fees absent evidence of purposeful violation.
Smith v. Sheriff, 982 S.W.2d 775 (Mo. App. E.D. 1998)	Closed Meeting	School District’s closed meeting regarding rehiring of teacher was not converted  to open meeting by attendance of third-party witnesses.
North Kansas City Hospital Board of Trustees v. St. Luke’s Northland Hospital, 984 S.W.2d 113 (Mo. App. W.D. 1998)	Public Governmental Body	Non-profit corporation formed to carryout purposes of municipal hospital was a quasi-public governmental body subject to the Missouri Sunshine Law.
Hemeyer v. KRCG-TV, 6 S.W.3d 880 (Mo.banc 1999)	Public Record Remedy	Booking security videotape is a public record.  City is responsible for reasonable attorney’s fees – even though it filed a declaratory judgment action.
SNL Securities, L.C. v. National Association of Insurance Commissioners, 23 S.W.3d 734 (Mo. App. W.D. 2000)	Public Governmental Body	National association of chief insurance regulators is not a quasi-governmental body and is not subject to the Missouri Sunshine Law.
Guyer v. City of Kirkwood, 38 S.W.3d 412 (Mo.banc 2001)	Public Records	Complaint alleging police misconduct is an incident report and investigative report and can only be closed under Sec. 610,100 and may not be closed under Sec. 610.021(3) or (13).
Calvert v. Mehlville R-IX School District, 44 S.W.3d 455 (Mo. App. E.D. 2001)	Public Record	Vote to approve settlement agreement with former teacher is public record.  School District is not liable for breach of confidentiality agreement  when School District disclosed its existence.
Stewart v. Williams Communications, Inc., 85 S.W.3d 29 (Mo. App. W.D. 2002)	Public Governmental Body	Private, for-profit utility company with power of eminent domain is not a quasi-governmental entity.
Anderson v. Village of Jacksonville, 103 S.W.3d 190 (Mo. App. W.D. 2003)	Public Records Request	Public records request must identify public records with reasonable specificity.
State ex rel. Moore v. Brewster, 116. S.W.3d 630 (Mo. App. E.D. 2003)	Public Record Remedy	Report of alleged misconduct by school board members was legal work product and was a closed record.  Attorney’s fees awarded for failure to appoint custodian of records.