Effective - 01 Jan 1985
49.500. County contracts to be inquired into on petition. — Whenever any fifty resident, solvent and responsible taxpaying citizens of any county in the state shall have good reason to believe, and do believe, that any contract made and entered into by the county commission, with any person or corporation, affecting or concerning any public building, lands, moneys or property of the county in any manner whatever, or any extension of any such contract, was not made and entered into in good faith, or for a just consideration, and with due regard for the best interest of the county, or that any such contract previously entered into has not been carried out by the parties thereto in good faith and according to the terms of any such contract, they may bring a suit in the circuit court of any such county, praying that the matter may be inquired into, and thereupon the circuit court shall make a full investigation of the matters alleged, and shall have power to set aside, reform or cause to be enforced any such contract, or any extension of any such contract, as the court shall deem best under the law and the facts. Should the petitioners fail to sustain their petition, they shall pay the costs; and all such proceedings shall be governed by the law relating to civil practice in circuit courts. The said petition shall be filed in the office of the clerk of the circuit court of said county; and thereafter the death, removal or disability of any one or more of such petitioners or plaintiffs shall not abate or affect the said suit.
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(RSMo 1939 § 13769, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12110; 1919 § 9508; 1909 § 3729
Effective 1-01-85
(1955) The remedy provided by this section is not exclusive and does not take away the common law right of taxpayers to enjoin illegal expenditures of public money. Everett v. County of Clinton (Mo.), 282 S.W.2d 30.
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 49 - County Commissions and County Buildings
Section 49.020 - Election — term of office — residence.
Section 49.050 - Commissioners to be commissioned by governor.
Section 49.097 - Additional duties of county commissioners (second class counties).
Section 49.101 - Vacancies, interim county officials appointed, when — expiration.
Section 49.130 - Passports, processing of applications, commission may provide service, when — fees.
Section 49.140 - County commissioners prohibited from doing certain things.
Section 49.150 - Penalty for violating section 49.140.
Section 49.160 - Who shall hold meetings when majority of commissioners are absent.
Section 49.170 - Terms of commission, when held.
Section 49.180 - Special terms.
Section 49.190 - Notice for special term.
Section 49.200 - Adjourned terms.
Section 49.210 - County commission may award process.
Section 49.220 - Proceeds before county commission may be transferred to circuit court, when.
Section 49.225 - Stenographic record.
Section 49.260 - Settlements with county treasurers and other officers.
Section 49.264 - County commission may grant easements to watershed subdistricts.
Section 49.270 - County commission to control county property — to audit demands against county.
Section 49.278 - Governing body may provide certain benefits for county employees, procedure.
Section 49.280 - Ex officio commissioner to sell county lands — deeds by.
Section 49.287 - County may lease property — procedures (certain first class counties).
Section 49.290 - Lands sold by the county — procedure to obtain deed.
Section 49.300 - County commission may institute condemnation proceedings — power of circuit court.
Section 49.305 - Sites for courthouse, jail, may acquire — funds from which payment authorized.
Section 49.320 - County commission may order buildings erected.
Section 49.330 - Superintendent, appointment, compensation.
Section 49.370 - Site for county building.
Section 49.390 - Circuit court to examine title.
Section 49.400 - County commission to pay for building site, when.
Section 49.410 - Plan of building to be submitted.
Section 49.420 - Advertisement for bids — may let at private contract, when.
Section 49.430 - Bond of contractor.
Section 49.440 - Superintendent to supervise work and report progress.
Section 49.450 - Payments to contractor, when made.
Section 49.460 - Order of payment, when made.
Section 49.470 - County commission may alter and repair county buildings, when.
Section 49.480 - Insurance of courthouses and jails — disposition of proceeds.
Section 49.490 - Damages recoverable for injuring county property.
Section 49.500 - County contracts to be inquired into on petition.
Section 49.510 - County to provide and equip offices.
Section 49.520 - Acquisition, erection or expansion of county buildings authorized, when.
Section 49.525 - Issuance of bonds — ordinance required, contents.
Section 49.530 - Interest rate and maturity of bonds.
Section 49.535 - Bonds negotiable and tax free — method of sale — payable from revenue only.
Section 49.540 - Obligation of county for rent or charges, limits — right to use building.
Section 49.545 - Application of proceeds of bonds.
Section 49.550 - Lien on buildings and land — rights of bondholders.
Section 49.555 - Receiver on default in payment of bonds.
Section 49.560 - Revenues placed in special fund — use — rentals, rates and charges.
Section 49.565 - Surplus in fund, disposition of.
Section 49.570 - Additional bonds — refunding bonds.
Section 49.575 - Administration of buildings and income, obligation of bonds.
Section 49.580 - This method of acquisition additional, not exclusive.
Section 49.605 - Permits, authorized requirements for applicant.
Section 49.610 - Variances may be granted by county commission, when.
Section 49.615 - Judicial review of all final decisions, orders and actions, when.