Case law

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  • Arnold Shute v. Board of Zoning Adjustments of Franklin County, Missouri

    Missouri Court of Appeals · Mar 4, 2025

    In Point V, he claims he had no duty to preserve his arguments because the Board’s hearing was a noncontested case under Chapter 536. … In Point V, Shute argues he need not preserve his arguments because the Board’s hearing was a noncontested case.

    Cited 0 timesPublished
  • State ex rel. Koster v. Kansas City Board of Police Commissioners

    532 S.W.3d 191 · Missouri Court of Appeals · Aug 15, 2017

    Shelton v. Koster, 360 S.W.3d 805, 809 (Mo. App. … The Board’s reliance on State ex rel. Barrett v. Boeckeler Lumber Co., 302 Mo. 187 , 257 S.W. 453 (Mo. banc 1924), is misplaced.

    Cited 3 timesPublished
  • Cousin's Advertising, Inc. v. Board of Zoning Adjustment of Kansas City

    78 S.W.3d 774 · Missouri Court of Appeals · Jun 18, 2002

    Manes v. Depew, 987 S.W.2d 527, 529 (Mo.App.1999). … Louis County v.

    Cited 14 timesPublished
  • Spencer v. Kansas City, Missouri Board of Police Commissioners

    388 S.W.3d 540 · Missouri Court of Appeals · Oct 16, 2012

    They sued the Board for violation of the Missouri Human Rights Act, ch. 213, RSMo, and for breach of contract. … See Spencer v. Zobrist, 323 S.W.3d 391 (Mo.App. W.D.2010); Schnell v. Zobrist, 323 S.W.3d 403 (Mo.App. W.D.2010). The Circuit Court of Daviess County granted summary judgment to the Board. Spencer and Schnell appeal.

    Cited 0 timesPublished
  • ND-Sell, Inc. v. Greater Springfield Board of Realtors, Inc.

    224 S.W.3d 623 · Missouri Court of Appeals · May 16, 2007

    Ortmann v. Dace Homes, Inc., 86 S.W.3d 86, 88 (Mo.App. E.D.2002). The trial court’s interpretation of the contract, however, is a question of law which we review de novo. Helterbrand v. … Martin v. U.S. Fidelity and Guaranty Co., 996 S.W.2d 506, 511 (Mo. banc 1999).

    Cited 2 timesPublished
  • Perez v. Missouri State Board of Registration for the Healing Arts

    803 S.W.2d 160 · Missouri Court of Appeals · Jan 29, 1991

    State Board of Registration for the Healing Arts v. Masters, 512 S.W.2d 150, 159 (Mo. App.1974). … State Board of Registration for the Healing Arts v. Masters, 512 S.W.2d at 157-58 . Dr.

    Cited 18 timesPublished
  • Willis v. Board of Education of City of St. Louis

    307 S.W.3d 186 · Missouri Court of Appeals · Mar 23, 2010

    Louis Public Schools, appeals the trial court’s judgment affirming the decision of the Board of Education of the City of St. Louis to terminate her employment for violating Board Regulations.

    Cited 0 timesPublished
  • Howes v. Stark Bros. Nurseries & Orchards Co.

    223 Mo. App. 793 · Missouri Court of Appeals · Jan 7, 1930

    Brown (Ky), 3 S.W.2d 199 , it appeared that Brown was employed at the mines of the coal company, which, for the convenience of itself and its employees, maintained roads through its property. … While walking home from his work Brown stumbled on a stone in one of these roads, and was thereby injured.

    Cited 31 timesPublished
  • Byous v. Missouri Local Government Employees Retirement System Board of Trustees

    157 S.W.3d 740 · Missouri Court of Appeals · Mar 8, 2005

    We do not substitute our judgment for that of the Board; we instead ascertain whether the Board could “reasonably have made its findings and reached its decision on the basis of all the evidence before it.” Hay v. … N.H.Rev.Stat. § 281:2, V-a (2008).

    Cited 16 timesPublished
  • Durley v. BOARD OF POLICE COM'RS, CITY OF ST. LOUIS

    238 S.W.3d 685 · Missouri Court of Appeals · Sep 25, 2007

    Dhyne v. State Farm, Fire & Cas. … an official policy or a custom of the municipality. 5 Williams, 841 S.W.2d at 196 (applying municipal liability analysis to Board of Police Commissioners); Ware v.

    Cited 2 timesPublished
  • Miller v. Browning-Ferris Industries

    674 S.W.2d 150 · Missouri Court of Appeals · May 29, 1984

    On May 17, 1982, respondents Browning-Ferris Industries of Kansas City, Inc. (hereinafter Browning-Ferris), Frank Douglas, and Riverview Land Association, Inc. … Missouri Highway and Transportation Commission v. Bank of St. Ann, 631 S.W.2d 73 (Mo.App.1982), State ex rel. Steak n Shake, Inc. v. City of Richmond Heights, 560 S.W.2d 373 (Mo.App.1977), and Williams v.

    Cited 6 timesPublished
  • Gould v. Missouri State Board of Registration for the Healing Arts

    826 S.W.2d 101 · Missouri Court of Appeals · Mar 17, 1992

    In Count IV, plaintiff sought money damages from a second defendant, an investigator employed by the State Board. The State Board withdrew the subpoena and filed a motion to dismiss all counts against the State Board. … Wilson, 791 S.W.2d at 500 ; Bay’s Texaco Service and Supply Company, Inc. v. Mayfield, 792 S.W.2d 50, 51 (Mo.App.1990); Rule 74.01(b).

    Cited 5 timesPublished
  • Robinson v. Missouri Department of Corrections, Board of Probation & Parole

    805 S.W.2d 688 · Missouri Court of Appeals · Jan 8, 1991

    In Thummel v. … Claimant relies on Ross v. Safeway Stores, Inc., 738 S.W.2d 611 (Mo.App.1987).

    Cited 1 timesPublished
  • BT Residential, LLC v. Board of Zoning Adjustment of Kansas City

    392 S.W.3d 18 · Missouri Court of Appeals · Dec 4, 2012

    Reiz v. Board of Zoning Adjustment of Kansas City, 316 S.W.3d 331, 334 (Mo.App. W.D.2010). … Bird v.

    Cited 4 timesPublished
  • Gilroy-Sims & Associates v. City of St. Louis

    697 S.W.2d 567 · Missouri Court of Appeals · Sep 10, 1985

    Grogan v. Hays, 639 S.W.2d 875, 877 (Mo.App.1982). … Brown v. Morris, 365 Mo. 946 , 290 S.W.2d 160 (Mo.banc 1956); 42 Am.Jur.2d Initiative and Referendum § 55 (1969).

    Cited 17 timesPublished
  • Bank of Jacomo v. Fox

    82 S.W.3d 224 · Missouri Court of Appeals · Aug 20, 2002

    Cited 0 timesPublished
  • Claudia Lee & Associates v. Kansas City, Missouri Board of Zoning Adjustment

    489 S.W.3d 802 · Missouri Court of Appeals · Apr 12, 2016

    State at Relation of Noland Road Raceways, Inc. v. Board of Zoning Adjustment of Kansas City, 145 S.W.3d 455, 456 (Mo. … In Bucker v.

    Cited 3 timesPublished
  • Carraway v. Sayad

    717 S.W.2d 280 · Missouri Court of Appeals · Sep 30, 1986

    Moran v. Whaley, 608 S.W.2d 446, 447 (Mo.App.1980). The evidence must be viewed in the light most favorable to the decision of the Board. Miller v. Whaley, 581 S.W.2d 916, 917 (Mo.App.1979). … Neither this court nor the Circuit Court may substitute its judgment for that of the administrative board. McNeal v. Bequette, 571 S.W.2d 657, 658 (Mo.App.1978).

    Cited 3 timesPublished
  • Phillips v. Board of Adjustment of the City of Bellefontaine Neighbors

    308 S.W.2d 765 · Missouri Court of Appeals · Jan 7, 1958

    Brown v. Gambrel, 358 Mo. 192 , 213 S.W.2d 931 ; Veal v. Leimkuehler, Mo.App., 249 S.W.2d 491 ; Cunningham v. Leimkuehler, Mo.App., . 276 S.W.2d 633 ; Berard v. Board of Adjustment of City of St. … The Board of Adjustment has no authority to repeal an ordinance. It is an administrative body without a vestige of legislative authority. State ex rel. Nigro v. Kansas City, 325 Mo. 95 , 27 S.W.2d 1030 ; Wilson v.

    Cited 8 timesPublished
  • Bittner v. City of St. Louis Police Board of Commissioners

    925 S.W.2d 495 · Missouri Court of Appeals · Jul 16, 1996

    Further, in Peoples v. … Plummer v. Dace, 818 S.W.2d 317, 319 (Mo.App.1991).

    Cited 3 timesPublished

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