interpreting time deadlines in statutes and regulations relating to the granting or denying of sanitary landfill permits by the Missouri Department of Natural Resources
How later courts described this case
- interpreting time deadlines in statutes and regulations relating to the granting or denying of sanitary landfill permits by the Missouri Department of Natural Resources
Written by the judges who cited it.
The opinion
PHILLIP R. GARRISON, Chief Judge,
dissent on motions for rehearing or transfer.
I respectfully dissent to the extent the Opinion On Motions For Rehearing Or Transfer concludes, by interpretation, that the term “shall” as used in § 260.320.3 is directory rather than mandatory for the same reasons referred to in my earlier Dissenting Opinion. It does appear to me, however, that the use of the word “shall” in that section is directed’ to the executive board of the' solid waste management council rather than as it may affect the MDNR’s actions.