Case law

Dailey v. Board of Adjustment

455 S.W.3d 97 · Missouri Court of Appeals · Oct 6, 2014

“Only where the board exceeds its authority should the reviewing court hold the board’s ruling to be illegal and void.” Baumer v. City of Jennings, 247 S.W.3d 105, 111 (Mo.App. E.D.2008). … An applicant appealing the denial of a sign permit has “the burden of proof before the Board[.]” Drury Displays, Inc. v. Bd. of Adjustment of City of St. Louis, 832 S.W.2d 330, 331 (Mo.App.

Angela Brown v. VA Second LP.

Missouri Court of Appeals · Aug 3, 2021

Kingsley v. McDonald, 432 S.W.3d 266, 270 (Mo. App. W.D. 2014) (quoting State ex rel. Hilker v. Sweeney, 877 S.W.2d 624, 628 (Mo. banc 1994)). … Holzum v. Schneider, 342 S.W.3d 313, 316 (Mo. banc 2011)).

Wallace, Saunders, Austin, Brown & Enochs v. Rahm

963 S.W.2d 419 · Missouri Court of Appeals · Jan 27, 1998

Utili-Corp and Perkins were represented by Respondent, the law firm of Wallace, Saunders, Austin, Brown & Enochs. On September 23,1991, State Farm sent a letter to Utili-Corp’s insurer, St. … Baker v. Whitaker, 887 S.W.2d 664, 670 (Mo.App. W.D.1994). 5 . See Farmers New World Life Ins. Co. v. Jolley, 747 S.W.2d 704 (Mo.App.

Dunning v. Board of Pharmacy

630 S.W.2d 155 · Missouri Court of Appeals · Jan 12, 1982

City of Kennett v. Labor and Industrial Relations Commission, 610 S.W.2d 623, 626 (Mo.banc 1981) [quoting Board of Education v. Shank, 542 S.W.2d 779, 781-82 (Mo.banc 1976)]. … See Duensing v.

Brown v. PN Hirsch & Co. Stores, Inc.

661 S.W.2d 587 · Missouri Court of Appeals · Sep 27, 1983

Hirsch and Company Stores, Inc., and Second, Cheetah Maupin stated either: “She [Emma Brown] was caught shoplifting”, or *590 “She [Emma Brown] stole a billfold”, or “She [Emma Brown] had been in the store before taking things … In Williams v.

Patterson v. Warten, Fisher, Lee & Brown, L.L.C.

260 S.W.3d 417 · Missouri Court of Appeals · Jun 11, 2008

Theresa Patterson (plaintiff) sued War-ten, Fisher, Lee & Brown, LLC, Robert B. Lee, Chuck D. Brown and Matthew G. … Hampton v. Davenport, 86 S.W.3d 494, 496 (Mo.App.2002).

Troupe v. Board of Education

582 S.W.2d 356 · Missouri Court of Appeals · May 15, 1979

On September 20,1971, appellants filed in the circuit court a petition naming respondents Board of Education of the City of St. Louis and its members as defendants. … Berry v. Chitwood, 362 S.W.2d 515, 517 (Mo.1962); Wilkinson v. Wilkinson, 546 S.W.2d 737, 738 (Mo.App.1977); State ex rel. Campbell v. Anderson, 536 S.W.2d 200, 202 (Mo.App.1976); Schenberg v.

Anderson v. Personnel Advisory Board

586 S.W.2d 738 · Missouri Court of Appeals · Jul 31, 1979

Appellant’s contention that he was not given a written statement of the reason for his dismissal which complied with the requirement of Section 36.380, RSMo 1969, as applied in Wolf v. … Eckles v. Kansas City, 257 S.W. 197 (Mo.App.1923) as holding that dismissal for cause calls for “personal misconduct.”

Brown v. Pennsylvania Fire Ins. Co., Philadelphia

263 S.W.2d 893 · Missouri Court of Appeals · Jan 19, 1954

In Barr v. … Co. v.

Board of Trustees v. Conway

675 S.W.2d 36 · Missouri Court of Appeals · Jun 5, 1984

She cites Board of Public Works v. … See American Fire Alarm Co. v. Board of Police Commissioners of Kansas City, 285 Mo. 581 , 227 S.W. 114, 119 (1920). The whole statutory scheme contemplates an autonomous operation.

Cochran v. Board of Education

815 S.W.2d 55 · Missouri Court of Appeals · Jul 23, 1991

James, 793 S.W.2d 416, 418 (Mo.App.1990) quoting Bell v. Board of Education, 711 S.W.2d 950, 955 (Mo.App.1986). … Courts generally allow the attorney for the school board wide latitude in participating in dismissal proceedings against a tenured teacher. Ross v. Robb, 662 S.W.2d 257 (Mo. banc 1983); Shepard v.

Walker v. Personnel Advisory Board

670 S.W.2d 1 · Missouri Court of Appeals · Feb 14, 1984

Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701, 2705 [1], 33 L.Ed.2d 548 (1972). … Board of Regents v. Roth, 92 S.Ct. at 2709 [9]. “The hallmark of property ... is an individual entitlement grounded in state law which cannot be removed except ‘for cause.’ ” Logan v.

STATE OF MISSOURI v. GLEN EUGENE BROWN

500 S.W.3d 864 · Missouri Court of Appeals · Jul 19, 2016

U.S. v. … Also, to find Brown guilty of manufacturing, the court necessarily had to find him guilty of the lesser-included attempt. See Spells v.

Brixey v. Personnel Advisory Board

607 S.W.2d 825 · Missouri Court of Appeals · Oct 30, 1980

Giessow v. Litz, 558 S.W.2d 742, 749 (Mo.App.1977); Holley v. Personnel Advisory Board, 536 S.W.2d 830, 832 (Mo.App.1976). … Whether a sufficient notice was given is a question of law and the decision of the Personnel Advisory Board on this issue is not binding upon reviewing courts. See Wolf v.

Brown v. Consolidated, Light, Power & Ice Co.

137 Mo. App. 718 · Missouri Court of Appeals · May 31, 1909

Brown fell. Five or six feet north of the latter point was a dead shade tree. … We concede the rule announced by the Supreme Court in Gannon v.

Isgrigg v. Board of Trustees

401 S.W.2d 936 · Missouri Court of Appeals · Feb 7, 1966

Furthermore, appellant did not at the hearing before the Board make any request for such conclusions and findings. Thus she is in no position to now complain. Carroll Construction Co. v. … The case of Bergman v. Board of Trustees, Mo.Sup., 386 S.W.2d 49 , cited by appellant is clearly distinguishable from the instant case.

Brown v. Director of Revenue

924 S.W.2d 322 · Missouri Court of Appeals · Jun 25, 1996

This case is controlled by the Missouri Supreme Court’s recent decision in State v. Mayo, 915 S.W.2d 758 (Mo. banc 1996).

Kunz v. Personnel Advisory Board

740 S.W.2d 395 · Missouri Court of Appeals · Nov 24, 1987

The Board weighed the credibility of the testimony received and was free to accept or reject all or part of any witness’ testimony. Vaughn v. Labor & Indus. Relations Comm’n., 603 S.W.2d 63, 66 (Mo.App., E.D.1980). … The fact finding function rests with the Board. Guntli v. Mcleod, 646 S.W.2d 899, 901 (Mo.App., E.D.1983). We will not substitute our judgment of the evidence for that of the Board. Bell, 711 S.W.2d at 955 .

James L. Brown v. State of Missouri

450 S.W.3d 450 · Missouri Court of Appeals · Sep 30, 2014

Brown, 902 S.W.2d 278, 285 (Mo. banc 1995) (quoting State v. Feltrop, 803 S.W.2d 1, 8 (Mo. banc 1991), overruled on other grounds by Joy v. Morrison, 254 S.W.3d 885, 888-89 (Mo. banc 2008)). … See State v.

Holdredge v. Missouri Dental Board

261 S.W.3d 690 · Missouri Court of Appeals · Aug 12, 2008

Servs. v. Little Hills Healthcare, L.L.C., 236 S.W.3d 637, 641 (Mo. banc 2007). … Wilson v. Morris, 369 S.W.2d 402, 408 (Mo.1963).