Administrative Law

Editor:
Daniel R.E. Jordan, Esquire

Action before agency applying statute must occur before declaratory action in circuit court on statute's validity. Evans, et al. v. Empire District Electric Company, et al., No. 73376 (Mo. App. W.D., May 31, 2011), Witt, P.J.

Agency's persistence in claim, after learning facts of major issue on which non-State party later prevailed, shows that agency's position was not substantially justified, supporting attorney fee to that extent.  In Re The Matter of Andrea K. Sanders; State of Missouri, Department of Social Services, Family Support Division v. Hatcher, Jr., No. 72771 (Mo. App., W.D., May 24, 2011) Welsh, J.

Executive orders required cooperation in transfer of authority between agencies, but set no date certain for such transfer, and record did not show that transfer occurred, so challenge to agency authority failed. Carney v. Director of Revenue, No. 30625 (Mo. App., S.D., May 23, 2011), Bates, J.

Whether appeal from state university action was timely depended on whether action was a contested case. This depended on whether university was an "agency," having its own formal adjudication procedure, as to which the petition for judicial review was silent. Circuit court erred in dismissing petition for failure to state a claim.  Kixmiller v. The Board of Curators of Lincoln University, et al., No. 72999 (Mo. App., W.D. May 17, 2011) Howard, J.; Edoho v. The Board of Curators of Lincoln University, No. 72990 (Mo. App., W.D. May 17, 2011), Howard, J.

The Missouri Bar Courts Bulletin, 11-Jun