Administrative Law

Editor:
Daniel R.E. Jordan, Esquire

Agency’s action for enforcement constituted review of non-contested case. State of Missouri ex rel. Chris Koster, Attorney General, Missouri Department of Agriculture, and Missouri State Milk Board v. Morningland of the Ozarks, LLC, d/b/a Morningland Dairy, No. 31390 (Mo. App. S.D., September 27, 2012), Rahmeyer, J.

Agency’s action in circuit court for enforcement of its order constituted judicial review of a non-contested case. Judicial review of a non-contested case is by trial de novo.

Held: Affirmed.
State carried its burden of showing that statutes allowed destruction of tainted cheese and record shows that circuit court correctly applied that burden.


Findings of fact were inadequate. Dennis Carver v. Delta Innovative Services; American Home Assurance Co. and Treasurer of The State of Missouri-Custodian of The Second Injury Fund, Nos. 74266 and 74271 (Mo. App. W.D., September 11, 2012), Ahuja, J.

Ruling depended on findings as to factual issue. Findings of fact must include “a statement of the ‘basic facts’ which establish [whether] the statutory standard was satisfied” and that requirement is unmet in discussion of testimony and “a restatement of the statutory . . .
standard [.]” 

Held: Remanded.
Court of appeals cannot review a ruling on findings not made and remands for findings of fact on record already made.