# Citizens for Environmental Safety, Inc. v. Missouri Department of Natural Resources

> Missouri Court of Appeals · October 27, 1999 · 12 S.W.3d 720

URL: https://www.frixlaw.com/law-library/cases/5098295

## Case

- **Full name:** CITIZENS FOR ENVIRONMENTAL SAFETY, INC., Ms. Charimonde Heger, Ms. Marjorie McCune, and Mr. Roy Sprinkle v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, and David A. Schorr, Director, and Southwest Regional Landfill, Inc., Respondents-Respondents
- **Court:** Missouri Court of Appeals
- **Decided:** October 27, 1999
- **Citations:** 12 S.W.3d 720; 1999 Mo. App. LEXIS 2131; 1999 WL 974192
- **Precedential status:** Published
- **Opinion:** Dissent by Garrison
- **Judges:** Garrison, Montgomery, Shrum
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5098295

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5098295. Public record. Not legal advice.
