“Appellate review of an administrative decision is limited to the agency’s decision and not the circuit court’s.”
How later courts described this case
- “Appellate review of an administrative decision is limited to the agency’s decision and not the circuit court’s.”
Written by the judges who cited it.
The opinion
LOWENSTEIN, Judge,
concurring.
There can be no quarrel with Judge Gai-tan’s opinion and result as to the merits of this case. It is difficult to read and hear the argument in this case without smiling. What takes this appeal out of the category of being a laughing matter is the fact the employee has had to retain counsel to argue the case in the circuit court in Jefferson City and again here in this court. The employee is a cafeteria worker who, at best was the subject of overkill by one of the institutions of one of our largest state agencies. After the fact finder held in her favor, Western Missouri with the free aid of the fine staff of the attorney general, and without having to pay costs, has prosecuted this appeal. The time and expense of this appeal to the state, to the judicial system and to one of our citizens cannot be justified nor laughed away. The state, and particularly Western Missouri owes a duty to be firm but fair, but not to flout their power and might. This appeal comes perilously close to an abuse of that might.