Case law

Opinions from 1658 to today.

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  • Opinion No. (2009)

    Missouri Attorney General Reports · Nov 23, 2009

    Attorney General Opinion 116-2006, p. 4 (citing Dorf v. Skolnik , 280 Md. 101 , 115 , 371 A.2d 1094 , 1101-02 (Md. Ct. App. 1977) and quoting State ex rel. Fugina v. Pierce , 191 Wis. 1 , 3 , 209 N.W. 693 (1926)). … Wolff Shoe Co. v. Dir. of Revenue , 762 S.W.2d 29 , 32 (Mo. banc 1988) (quoting Harrison v. MFA Mut. Ins. , 607 S.W.2d 137 , 146 (Mo. banc 1980)).

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  • Opinion No. (2007)

    Missouri Attorney General Reports · Oct 4, 2007

    Rhodes v. Crouch , 621 S.W.2d 47 , 49 (Mo. banc 1981), quoted in Lewis v. Gibbons , 80 S.W.3d 461 , 467 (Mo. banc 2002). At times those two canons have worked at cross-purposes, as in Lewis v. … In Gavin v.

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  • Opinion No. (2000)

    Missouri Attorney General Reports · Sep 7, 2000

    Bates v. State , 664 S.W.2d 563 (Mo.App. 1983). If a claim is made against a member of the Board, or the Board itself, however, the Legal Expense Fund is unavailable to whichever defendants may be named. … Nowhere within the LEF provisions is there coverage for individuals appointed to a board such as the Board of County Visitors. In Cates v.

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  • Opinion No. (2007)

    Missouri Attorney General Reports · Oct 4, 2007

    *Page 5 State v. Goebel , 83 S.W.3d 639 , 645 (Mo.App.E.D. 2002). See also Crum v. Mo. Dir. of Revenue , 455 F.Supp.2d 978 (W.D. … The Supreme Court has issued an opinion relating to SB 40 boards and the power to tax. In State ex rel. Indus. Serv. Contractors, Inc. v.

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  • Opinion No. (1999)

    Missouri Attorney General Reports · May 11, 1999

    Does it matter how many/few hours the individual works or the manner in which the individual is compensated for the work done (ie. payroll v. reimbursements)? … Furthermore, in Polk Tp., Sullivan County v.

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  • Opinion No. (1991)

    Missouri Attorney General Reports · Oct 11, 1991

    This conclusion was based on the case Krug v. … Following the view in Braddy v.

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  • Opinion No. (2000)

    Missouri Attorney General Reports · Mar 22, 2000

    Spradlin v. City of Fulton , 982 S.W.2d 255 (Mo. 1998). The issue you present is how many affirmative votes are needed to transfer school property for those districts with seven board members. … McCollum v. Director of Revenue , 906 S.W.2d 368 (Mo. 1995). It is our conclusion that the board may conduct business with fewer than seven members present or voting.

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  • Opinion No. (2000)

    Missouri Attorney General Reports · Mar 22, 2000

    Co. v. Morris , 222 S.W.2d 767 , 359 Mo. 564 (Mo. 1949). Words are to be given their ordinary meaning. U.S. v. Jones , F.2d 444 (8th Cir. 1987). "Elect" is defined as "to select by vote for an office." … Thompsen-Stearns-Roger v. Schaffner , 489 S.W.2d 207 , 212 (Mo. 1973).

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  • Opinion No. (1993)

    Missouri Attorney General Reports · May 18, 1993

    In the situation about which you are concerned, the Board has attempted by rule to fix the terms of the officers at two years. In Kinsland v. … Kansas City v. LaRose, 524 S.W.2d 112 , 116 (Mo. banc 1975). Therefore, we conclude that the part of the rule requiring a vote of not less than four (4) members of the Board to act is void.

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  • Opinion No. (1986)

    Missouri Attorney General Reports · Dec 3, 1986

    Kirkpatrick v. Board of Election Commissioners of St. Louis County, 686 S.W.2d 888 (Mo.App. 1985). … Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193 (Mo. 1972).

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  • Opinion No. (1988)

    Missouri Attorney General Reports · Apr 18, 1988

    Beiser v. Parkway School District, 589 S.W.2d 277 , 280 (Mo. banc 1979). … United Air Lines, Inc. v. State Tax Commission, 377 S.W.2d 444 , 448 (Mo. banc 1964). Section 334.075 gives the Board the authority to mandate continuing education requirements.

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  • Opinion No. (2001)

    Missouri Attorney General Reports · Mar 19, 2001

    Louis County v. Board of Education of Pattonville Consolidated School District R-3 , 315 S.W.2d 873 (Mo.App. 1958) and Mooney v. County of St. … See Baver v. Kincaid , 759 F. Supp. 575 (W.D.Mo. 1991). CONCLUSION Members of the board of directors of fire protection districts in St. Charles, Jackson and St.

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  • Opinion No. (1984)

    Missouri Attorney General Reports · Aug 23, 1984

    Conley v. State, 46 Neb. 187 , 64 N.W. 708 , 710 (1895). … Walker v. Bus, 135 Mo. 325 , 36 S.W. 636 , 637 (banc 1896).

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  • Opinion No. (1989)

    Missouri Attorney General Reports · Jul 14, 1989

    State v. Nevels, 712 S.W.2d 688 , 689-690 (Mo.App. 1986). This Court must be guided by what the legislature said, not by what the Court thinks it meant to say. Metro Auto Auction v. … State v. Sweeney, 701 S.W.2d 420 , 423 (Mo. banc 1985). [Parenthetical comment in original.]

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  • Opinion No. (1988)

    Missouri Attorney General Reports · Mar 21, 1988

    Section 115.267 explicitly gives the Board the authority to purchase and lease voting machines. See State ex rel. Cole v. … Cole v.

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  • Opinion No. (1983)

    Missouri Attorney General Reports · Nov 7, 1983

    The legislature has provided that the board "audit and report apparent violations . . . ." "[u]pon the sworn written complaint of any citizen or upon findings reported to the board . . ." In State ex rel. McTague v. … Taylor v. Wade, 300 Mo. 895 , 231 S.W.2d 179 , 181-182 (en banc 1950). Id. at 871.

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  • Opinion No. 55-80 (1980)

    Missouri Attorney General Reports · Nov 10, 1980

    State v. Kraus, 530 S.W.2d 684 , 685 (Mo. banc 1975). … Fort Zumwalt School District v. Dickherber, supra; and State ex rel. Safety Ambulance Service, Inc. v. Kinder, 557 S.W.2d 242 , 245 (Mo. banc 1977).

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  • Opinion No. (1983)

    Missouri Attorney General Reports · Jun 15, 1983

    See, Wilson v. McNeal, 575 S.W.2d 802 (Mo.App. 1978). A threshold question is whether the Board of Probation and Parole (hereinafter "Board") is a "public governmental body" within the meaning of the Open Meetings Law. … Pedroli v. Missouri Pacific Railroad, 524 S.W.2d 882 (Mo.App. 1975).

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  • Opinion No. 40-82 (1982)

    Missouri Attorney General Reports · Apr 26, 1982

    City of Willow Springs v. Missouri State Librarian, 596 S.W.2d 441 , 445 (Mo. banc 1980). In addition, we are to assign the words and phrases employed by the legislature their usual, plain and ordinary meaning. … Ashcroft v. Union Electric Co., 559 S.W.2d 216 , 221 (Mo.App. 1977). We find no express statutory provision granting authority to such a board to acquire legal title to property.

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  • Opinion No. (1992)

    Missouri Attorney General Reports · Jan 28, 1992

    Furthermore, such section provides that the board shall exercise all powers of the board without delegation thereof to any other body or entity or association or to less than a quorum of the board. In Pearson v. … Louis County v. Board of Education of Pattonville Consolidated School District R-3, 315 S.W.2d 873 , 877 (Mo.App., St.L. 1958).

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