Judge dismisses quo warranto case against SJSD board member on lack of standing  

ST. JOSEPH, Mo. (KQTV)-- After the attorney for a St. Joseph School District board member filed a motion to dismiss the quo warranto lawsuit,  Buchanan County Circuit Court Judge Kate Schaefer dismissed the petitioners' request, ruling that they lacked standing to bring the case. 

According to Miller's attorney, Jeff Davison, the court could not proceed with the action unless it was brought by the Missouri Attorney General, the local prosecuting attorney or under a statute that specifically authorized the petitioners to file the claim.

Davison argued that none of those conditions had been met.  

In her ruling, Judge Schaefer stated that no valid claim had been presented. As a result, she sustained the motion to dismiss Count II for failure to state a claim. 

Under the Missouri Constitution, any public official or employee who appoints or hires a relative within the fourth degree of relationship is required to forfeit their office or employment. 

Judge Schaefer indicated that she would prefer to rule on the merits of the issue. However, because she did not have a case before her that was procedurally proper for that purpose, she dismissed the petition.