A case involving Texas County and township government has been referred to the Missouri Supreme Court for assignment of a judge outside the circuit.
Circuit Judge Gregory Warren made the request Aug. 13 since Texas County government is among the defendants in the lawsuit.
The Texas County Commission and 17 townships are accused of violating state law related to the appropriation of tax money for roads and bridges.
Texas County Commissioners Fred Stenger, John Casey and Linda Garrett and each of the county’s 17 townships are accused of illegally distributing and spending state funds through the County Aid Road Trust (CART).
The lawsuit filed by Clarence W. “Rocky” Dailing of Huggins and Thomas W. Dalaviras of Summersville accuses the officials of illegally distributing tax money that they say should be spent on the county level and not by townships.
The Texas County Commission gives the funds to each of the townships based on the number of miles maintained. In fiscal year 2013, the county is estimated to receive about $890,000, according to the Missouri Department of Transportation. Those monies represent gas taxes, motor vehicle sales/use tax revenues and motor vehicle fees.
Dailing and Dalaviras say a provision of state statute requires the county to expend the funds not the townships: “In counties having the township form of county organization, the funds credited to such counties shall be expended solely under the control and supervision of the county court (commission), and shall not be expended by the various townships located within such counties.”