Case law

State ex rel. Laidlaw v. City of Kansas City

858 S.W.2d 753 · Missouri Court of Appeals · Jun 22, 1993

Laidlaw, however, relies on the decision of the Supreme Court in Rosedale-Skinker Improvement Association v. … As this court stated in Sheets v.

Great Rivers Habitat Alliance v. City of St. Peters

384 S.W.3d 279 · Missouri Court of Appeals · Aug 28, 2012

Because the Appellants have not established that the Board’s action was clearly arbitrary and unreasonable, we will not substitute our opinion for that of the Board. Riggins v. … Point V is denied.

Ricks v. Missouri Local Government Employees' Retirement System

981 S.W.2d 585 · Missouri Court of Appeals · Sep 29, 1998

Kendrick v. Board of Police Comm’rs, 945 S.W.2d 649, 651 (Mo.App. 1997); Fritzshall v. Board of Police Comm’rs, 886 S.W.2d 20, 23 (Mo.App.1994). … Because the Board’s finding of no mistake sufficient to warrant reeission is based on competent and substantial evidence, this court must uphold the determination of the Board. Point denied. V.

STATE OF MISSOURI, Plaintiff-Respondent v. MICHELE LYNN MONTIEL

509 S.W.3d 805 · Missouri Court of Appeals · Oct 25, 2016

State v. Brown, 996 S.W.2d 719, 728 (Mo. App. W.D. 1999). As charged in the present case, "[a] person commits the crime of assault in the second degree if he . . . … Brown, 996 S.W.2d at 728.

Allen v. St. Charles School District

195 S.W.3d 21 · Missouri Court of Appeals · Jun 27, 2006

Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App. E.D.2003). The Appeals Tribunal mailed its decision to Claimant on December 28, 2005. The application for review was due thirty days later, on January 27, 2006. … Truel v. Division of Employment Security, 166 S.W.3d 131, 132 (Mo.App. E.D.2005); Moore v. Northview Village, Inc., 125 S.W.3d 347, 348 (Mo.App. E.D.2004).

State Ex Rel. Lupo v. City of Wentzville

886 S.W.2d 727 · Missouri Court of Appeals · Nov 8, 1994

Kessler v. Shay, 820 S.W.2d 311, 314 (Mo.App.1991) (citing Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976)). … Under §§ 79.230 and 79.240 police officers of *731 fourth-class cities are employees at mil and may be removed for no reason or any reason by the mayor with consent of the Board of Aldermen. Rapp v.

Division of Youth Services v. Hopson

933 S.W.2d 917 · Missouri Court of Appeals · Nov 19, 1996

In our appellate review, we must not substitute our judgment for that of the Personnel Advisory Board, but must treat the Board’s decision as if it had been directly appealed to this court. Prenger v. … Gerig v. Board ofEduc., 841 S.W.2d 731, 733 (Mo.App.1992). A court reviewing an administrative agency’s decision of law is not bound by the substantial evidence test. Central Bank of Clayton v.

New England Carpenters Pension Fund v. Haffner

391 S.W.3d 453 · Missouri Court of Appeals · Nov 28, 2012

Co. v. Lincoln Cty., 26 S.W.3d 336, 339 (Mo.App. … Doe v. Visionaire Corp., 13 S.W.3d 674, 676 (Mo.App. E.D.2000).

State ex rel. American Institute of Marketing Systems, Inc. v. Missouri Real Estate Commission

461 S.W.2d 902 · Missouri Court of Appeals · Oct 27, 1970

Wolfe v. Missouri Dental Board, 289 Mo. 520 , 233 S.W. 390 , demonstrates the significant difference between renewal and original issuance or suspension or revocation. … On this latter issue, relators have cited the decision of the California Court of Appeals in Hall v. Scudder, 74 Cal.App.2d 433 , 168 P.2d 990 .

State ex rel. Beaty v. Randall

79 Mo. App. 226 · Missouri Court of Appeals · Feb 21, 1899

The respondents constitute the board of directors of said school. … Deskins v. Gose, 85 Mo. 485 ; King v. Jefferson City School Board, 71 Mo. 629 ; In the Matter of Rebenack, 62 Mo. App. 8 .

United Brick & Tile Division of American-Marietta Co. v. Wilkinson

325 S.W.2d 50 · Missouri Court of Appeals · May 4, 1959

In Guss v. … On page 801 of 287 S.W.2d of the opinion the phrase “primary jurisdiction” as delegated to the Board was construed under the Garner and Weber v.

White v. Scott County School District No. R-V

503 S.W.2d 35 · Missouri Court of Appeals · Nov 28, 1973

Nothing in the Teacher Tenure Act has altered the right of a board of education to determine ex parte what nontenured probationary teachers it will or will not re-employ for the succeeding school year [cf. Williams v. … Board of Education of Parkway School Dist., 333 F.Supp. 816, 818-819 (E.D.Mo.1971), rev’d on other grounds 460 F.2d 824 (8th Cir.1972). Unlike the probationary teacher in Birdwell v.

Medvik v. Ollendorff

727 S.W.2d 473 · Missouri Court of Appeals · Apr 14, 1987

Ollendorf and the City’s Civil Service Board (Board) appeal. We reverse and remand. An employee of University City appeals to the Board to obtain a review of his discharge from employment. … See, e.g., Webb v. Board of Police Com’rs. of Kansas City, 694 S.W.2d 927, 928-929 (Mo.App.1985); Gamble v. Hoffman, 695 S.W.2d 503, 508 (Mo.App.1985).

Hanford v. City of Arnold

49 S.W.3d 707 · Missouri Court of Appeals · May 29, 2001

We review the evidence in the light most favorable to the Board’s decision. Bickl v. Smith, 23 S.W.3d 865, 866 (Mo.App. E.D.2000). … Jones v. City of Jennings, 23 S.W.3d 801, 803 (Mo.App. E.D.2000).

Bank of Kirksville v. Sloop

198 Mo. App. 225 · Missouri Court of Appeals · Dec 31, 1917

[Bank v. Lyons, 220 Mo. 538, 554 ; Bank v. Bank, 244 Mo. 554, 580, 599 ; Hume v. Eagon, 83 Mo. App. 576 ; Van Standt v. Hobbs, 84 Mo. App. 628, 632 ; Powers v. Woolfolk, 132 Mo. App. 354, 363 ; Miles v. Bank, 187 Mo. … [See opinion of Bond, J., in Hume v. Eagon, supra, p. 583 , and Musgrove v. Bank, supra, p. 492; *228 Long v. Long, 167 Mo. App. 83 .] The case cited by plaintiff (Cantrell v. Davidson, 180 Mo.

Elliott v. Carnahan

916 S.W.2d 239 · Missouri Court of Appeals · Dec 5, 1995

Teat v. Director of Revenue, 806 S.W.2d 754, 757 (Mo.App.1991). In Missouri Dep’t of Social Services v. … Liberty Interest In Fults v. Missouri Bd. of Probation & Parole, 857 S.W.2d 388 (Mo.App.1993), this court looked at whether the parole board’s guidelines created a protected liberty interest.

Newton County Bank v. Holdeman

223 Mo. App. 164 · Missouri Court of Appeals · Sep 28, 1928

[New Albany Woolen Mills v. Meyers & Co., 43 Mo. App. 124, 128 ; Ferry v. Woody, 210 Mo. App. 98, 104 , 241 S. W. 78 .] … of the board reduced to writing.

Mo. Nat. Educ. v. Mo. State Bd. of Educ.

34 S.W.3d 266 · Missouri Court of Appeals · Dec 26, 2000

34 S.W.3d 266 (2000) MISSOURI NATIONAL EDUCATION ASSOCIATION, et al., Appellant-Respondent, v. MISSOURI STATE BOARD OF EDUCATION, et al., Respondent-Appellant. Nos. WD 57903, WD 57904. … The legislature's vestiture of sole discretion in the State Board to grant an exemption or revision to a school district does not, however, preclude judicial review of the State Board's action. Barry Serv. Agency Co. v.

J.M. v. Lee's Summit Sch. Dist. & Douglas Demarco

545 S.W.3d 363 · Missouri Court of Appeals · Mar 6, 2018

The school board policies provide: Board Policy GBCB-Staff Conduct states that persons will: 1. … The school board policy further provides when defining 'volunteer' that "[v]olunteers are under the direct control of district staff."

State v. Jones

671 S.W.2d 296 · Missouri Court of Appeals · Mar 27, 1984

As the officers approached the car, they saw various stereo and camera equipment, a brown leather suitcase and other items “thrown around” in the back of the ear. … State v. Turner, supra, State v. Hodge, 655 S.W.2d 738, 742 (Mo.App.1983); State v. Gullett, 633 S.W.2d 454, 457 (Mo.App.1982). In discussing the effect of Chambers v.