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