Case law

Opinions from 1658 to today.

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  • Opinion No. 126-76 (1976)

    Missouri Attorney General Reports · Sep 22, 1976

    Smith v. Bowman, 170 S.W. 700, 703 (Spr.Ct.App. 1914). See also Witmer v. Nichols, 8 S.W.2d 63 (Mo. 1928); Smith v. Hendricks, 136 S.W.2d 449 (Spr.Ct.App. 1939); and Nodaway County v. Kidder, 129 S.W.2d 857 (Mo. 1939). … The basis for this prohibition is discussed by the Missouri Supreme Court in Witmer v.

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  • Opinion No. (2001)

    Missouri Attorney General Reports · Feb 21, 2001

    Sermchief v. Gonzales , 660 S.W.2d 683 (Mo. 1983). This is particularly true when there is an apparent ambiguity in a statute. State ex rel. Rogers v. … Whiteco Industries, Inc. v. Bowers , 965 S.W.2d 203 (Mo.App. 1998).

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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. (1987)

    Missouri Attorney General Reports · Jul 31, 1987

    In Arizona Board of Regents v. … In Marston v.

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  • Opinion No. (1983)

    Missouri Attorney General Reports · Aug 17, 1983

    Nor can it be said that the Park Board of Commissioners is a de facto park board which, because of its assumption of the powers granted in Section 90.550 , properly enjoys the exercise of those powers. In Cherry v. … City of Republic v. Smith, 139 S.W.2d 929 (Mo. banc 1940), Fort Osage Drainage Dist. of Jackson County v. Jackson County, 275 S.W.2d 326 (Mo. 1955), and State ex rel. Hand v.

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  • Opinion No. (1987)

    Missouri Attorney General Reports · Aug 5, 1987

    Lebeau v. Kelly, 697 S.W.2d 312 (Mo.App. 1985). … O'Flaherty v. State Tax Commission of Missouri, 680 S.W.2d 153 (Mo. banc 1984).

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  • Opinion No. (1984)

    Missouri Attorney General Reports · May 1, 1984

    Cohen v. Poelker, 520 S.W.2d 50 , 53-54 (Mo.Banc 1975). We also note that the Administrative Procedure Act applies to municipal agencies. Hunter v. Madden, 565 S.W.2d 456 , 458 (Mo.App. 1978). … Mills v. Federal Soldiers Home, 549 S.W.2d 862 , 865 (Mo.Banc 1977). Cf. Vorbeck v. McNeal, 560 S.W.2d 245 , 250 (Mo.App. 1977) (mere censure of public employee by employer did not create a contested case).

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  • Opinion No. 75-80 (1980)

    Missouri Attorney General Reports · Nov 19, 1980

    In Golden v. … McAllister v.

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  • Opinion No. 162-77 (1977)

    Missouri Attorney General Reports · Oct 13, 1977

    Thus, under normal circumstances, personnel could not be hired by a six-member board unless four members voted in favor of hiring. However, in Bonsack Pearce, Inc. v. … A similar result was reached in Mullins v.

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  • Opinion No. (1984)

    Missouri Attorney General Reports · Jun 27, 1984

    McKittrick v. … Stephens v. Fletchall, 412 S.W.2d 423 (Mo. banc 1967). In State ex inf. Graham v.

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  • Opinion No. 68-77 (1977)

    Missouri Attorney General Reports · Feb 23, 1977

    Black v. … And, in State Board of Agriculture v.

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  • Opinion No. 36-81 (1981)

    Missouri Attorney General Reports · Feb 20, 1981

    The law regulating the practice of medicine or surgery, first enacted in 1877 (see State v. Smith, 135 S.W. 463 , 468 (Mo. 1911)), last generally reenacted in 1959 (S.B. … State Tax Commission v. Yeaman, Judge, 451 S.W.2d 115 , 118 (Mo. banc 1970). And, as expressed in Meyers v.

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  • Opinion No. (1996)

    Missouri Attorney General Reports · Feb 7, 1996

    You report that the Macon County 911 Board is operating under a three eighths percent sales tax adopted in November 1994 and earmarked for the board's use. … Louis Housing Authority v. Gaertner , 695 S.W.2d 460 , 462 (Mo. banc 1985). Section 190.335 is silent on whether the central dispatch board may appoint or elect a treasurer to distribute the special sales tax revenues.

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  • Opinion No. 18-81 (1981)

    Missouri Attorney General Reports · Jan 19, 1981

    Wilson v. McNeal, 575 S.W.2d 802 , 810 (Mo.App., St.L.D. 1978). … Wilson v. McNeal, supra, l.c. 811.

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  • Opinion No. 178-81 (1981)

    Missouri Attorney General Reports · Dec 17, 1981

    In our view, the presiding judge of the county court is not a regular member of the board or an ex-officio member of the board in the normal sense under Section 162.301 .3 but is only considered a member of the board for … State v. Reid, 28 S.W. 172 (Mo.Sup. 1894). Therefore, Section 105.458 would not apply to the presiding judge in the situation you have presented.

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  • Opinion No. 41-80 (1980)

    Missouri Attorney General Reports · Jul 11, 1980

    Lancaster v. County of Atchison, 352 Mo. 1039 , 180 S.W.2d 706 , 708 (banc 1944). Furthermore, the individual members of the mental health board of trustees are public officers as defined by State ex rel. Zevely v. … Federal Trade Commission v. Raladam Co., 283 U.S. 643 , 51 S.Ct. 587 , 75 L.Ed. 1324 , 79 A.L.R. 1191 (1931); 67 C.J.S. Officers, § 190.

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  • Opinion No. (1996)

    Missouri Attorney General Reports · Feb 1, 1996

    Trainliner Corp. v. Director of Revenue , 783 S.W.2d 917 (Mo. banc 1990). We find that meaning in the dictionary. Delta Airlines, Inc. v. Director of Revenue , no. 77667 (Mo. banc Oct. 24, 1995) slip op. at 4. … The term "voluntary" modifies either "district" or "board." In State ex inf. Gavin v.

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  • Opinion No. (2003)

    Missouri Attorney General Reports · Jan 30, 2003

    Board of Public Buildings v. … Coop., Inc. v. State Envtl.

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  • Opinion No. (1992)

    Missouri Attorney General Reports · Jun 29, 1992

    City of Jackson v. Houck, 43 S.W.2d 908 , 909 (Mo.App. 1931). Section 79.130 , RSMo Supp. 1991, sets forth the procedure to be followed by a fourth class city in enacting an ordinance. Such section provides: 79.130 . … Cimasi v. City of Fenton, 659 S.W.2d 532 , 535 (Mo.App. 1983). Section 79.280 provides for a successor to be selected but sets forth no specific procedure.

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  • Opinion No. (1992)

    Missouri Attorney General Reports · Aug 26, 1992

    Wolff Shoe Company v. Director of Revenue, 762 S.W.2d 29 , 31 (Mo. banc 1988). … testimony which shall be heard and determined by the board."

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