Judge sides with Platte County commissioners’ decision to reject voter-approved tax

A Missouri judge sided with Platte County commissioners in a decision following a lawsuit filed by residents, agreeing that the officials had the discretion to not levy a voter-approved sales tax that would have funded mental health services for kids.

“Petitioners argue that the statute imposes a mandatory duty on the governing body to levy a sales tax after voter approval. The Court disagrees,” Platte County Circuit Court Judge Megan Benton said in the ruling published on Tuesday.

In November, 56% of county voters approved the creation of a Children’s Services Fund that would add a quarter-cent sales tax and raise nearly $5 million a year, according to figures from the coalition that campaigned for the tax. The question asked voters for a tax increase to help fill gaps in available mental health screening, treatment and other services for kids and teens in the Northland.

A month after the election, commissioners voted to reject the tax, refusing to collect it. They said they had the option to override voters’ will and not institute the tax because of a technicality in the language that appeared on the ballot.

Residents Tara Bennett and Greg Plumb, part of the group that pushed to get the tax question on the ballot in the first place, filed a lawsuit against the commission to force them to levy the tax.

Rob Redman, the county’s attorney, argued in a hearing on Monday that voters who approved the ballot question “authorized” the commissioners to implement the tax but didn’t require them to, in effect leaving the decision up to the commissioners.

In the ruling, Benton agreed with the commission, stating that the meaning of the word “may” in Missouri law is discretionary.

Benton ordered that all parties must pay their own attorney fees.

“We’re happy with the court’s decision and we will continue to fight for Platte County taxpayers whenever we have the opportunity,” said presiding commissioner Scott Fricker in a statement.

Commissioners have long opposed the tax and had already tried to stop it several times. Last April, they refused to put the question on the ballot themselves, insisting that government involvement in things like mental health should be limited and prompting residents to start a petition process.

Bennett, Plumb, or their attorney did not respond immediately to requests for comment.

Some Missouri lawmakers said they are looking to change the ambiguous language in the state statute to avoid this in the future.

This story was originally published April 1, 2025 at 5:22 PM.