Case law

McClain v. Board of Adjustment

508 S.W.2d 301 · Missouri Court of Appeals · Apr 2, 1974

Plaintiff then sought review by the Circuit Court, seeking a new hearing and a clarification of the Board’s decision. The Circuit Court reviewed the record and affirmed the action of the Board. … State v. Stanton, 311 S.W.2d 137 [2] (Mo.App.1958). The trial court thus had no jurisdiction to enter any order. State ex rel. Day v. County Court of Platte County, 442 S.W.2d 178 (Mo.App.1969).

Roy Brown v. Chipotle Services, LLC

Missouri Court of Appeals · Mar 8, 2022

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT ROY BROWN, et al., ) Respondents, ) ) v. ) WD84613 … Evans v. Brown Builders Elec. Co., 254 S.W.3d 31, 34 n.5 (Mo. 2008) (quoting Lakin v. Postal Life & Cas. Ins. Co., 316 S.W.2d 542, 549 (Mo. 1958)).

Mallon v. Board of Water Commissioners

144 Mo. App. 104 · Missouri Court of Appeals · May 16, 1910

[Shaw Stocking Co. v. City of Lowell, 199 Mass. 118 ; State ex rel. v. Gosnell, 116 Wis. 606 ; Cooper v. City of Goodland (Cal.), 102 Pac. 244 ; Powell v. Duluth, 91 Minn. 53 ; Gordon v. … It appears clear that uniformity is a reasonable requirement and that the board has a right to prescribe that a certain kind of méter be installed at the expense of the consumer. [State ex rel. v. Goodfellow, 1 Mo.

Darden v. Board of Trustees

680 S.W.2d 755 · Missouri Court of Appeals · Nov 6, 1984

Wilson Chevrolet, Inc. v. Wilson, 332 S.W.2d 867 (Mo.1960). Due to this particular status, the circuit court was authorized to take additional evidence and consider the matter de novo. Phipps v. … Ross v. Robb, 662 S.W.2d 257 (Mo. banc 1983), Mead Products v. Industrial Commission of Missouri, 656 S.W.2d 805 (Mo.App.1983), Fleming Foods of Missouri, Inc. v. Runyan, 634 S.W.2d 183 (Mo. banc 1982).

Bartholomew v. Board of Zoning Adjustment

307 S.W.2d 730 · Missouri Court of Appeals · Dec 2, 1957

This would, in effect, as the Board declared, amount to a rezoning. The Board has no authority to grant an exception to one and refuse others. In State ex rel. Nigro v. … Wood v. Wagner Elec. Corp., 355 Mo. 670 , 197 S.W.2d 647 . The circuit court may not substitute its own judgment on the evidence for that of the board, Wood v. Wagner Elec.

Brown v. City of Carthage

189 Mo. App. 333 · Missouri Court of Appeals · Apr 14, 1915

[Hollenbeck v. Railway Co., 141 Mo. l. c. 112, 38 S. W. 723 , 41 S. W. 887 ; Waechter v. Railroad, 113 Mo. App. 270 , 88 S. W. 147 .] The discretion of the trial judge appears not to have been abused. [Roe v.

Koch v. BOARD OF REGENTS, ETC

265 S.W.2d 421 · Missouri Court of Appeals · Mar 1, 1954

Myers v. … Donnell v.

Nebraska Hardware Mutual Insurance Co. v. Brown

355 S.W.2d 395 · Missouri Court of Appeals · Mar 5, 1962

In Clarke, Gdn. v. … In Smith v.

State Ex Rel. Doe Run Co. v. Brown

918 S.W.2d 303 · Missouri Court of Appeals · Mar 12, 1996

Brown v. Melahn, 824 S.W.2d 930, 933 [2-4] (Mo.App.E.D.1992); see also § 286.060.2. Further, it is well settled that a regulation may not conflict with a statute and if it does, the regulation must fail. Johnson v. … See Brown, 824 S.W.2d at 933 [2-4].

Burnett v. KANSAS CITY SCHOOL BOARD

237 S.W.3d 237 · Missouri Court of Appeals · Oct 26, 2007

Wolfram v. Wiesman, 225 S.W.3d 409, 411 (Mo. banc 2007). … In England v.

Brown v. MISSOURI DELTA MEDICAL CENTER

334 S.W.3d 465 · Missouri Court of Appeals · Sep 20, 2010

Appellant Brown sued Respondent Medical Center in 2006, alleging medical negligence in the death of his son. He voluntarily dismissed his case on July 19, 2007. See Brown v. MO Delta Med. … Wilson v. Jackson, 823 S.W.2d 512, 513 (Mo.App.1992). The alternate basis for dismissal, however, was correct. Any wrongful death action accrued in 2003 when Brown’s son died. Sennett v.

Sealey v. Board of Education

14 S.W.3d 597 · Missouri Court of Appeals · Apr 27, 1999

Mitchell v. Board of Educ. of Normandy School Dist., 913 S.W.2d 130, 133 (Mo.App.1996). … As explained in Fuller v.

Snelling v. Board of Education

920 S.W.2d 611 · Missouri Court of Appeals · Mar 26, 1996

In this case, Lonnie Snelling filed suit against the Board of Education for inverse condemnation. … The third order, entered on July 26, 1995, sustained the Board’s motion for sanctions against Snelling due to his failure to appear at his own properly noticed deposition and ordered Snelling to pay the Board $43.10 for the

State of Missouri v. Daniel Dumond Brown, Sr.

444 S.W.3d 484 · Missouri Court of Appeals · Jul 29, 2014

State v. Simmons, 364 S.W.3d 741, 749 (Mo. App. S.D. 2012) (citing Thummel v. King, 570 S.W.2d 679, 686 (Mo. banc 1978)). The trial court expressly informed Brown that he had a right to self-representation. … State v.

McMorrow v. Board of Adjustment

765 S.W.2d 700 · Missouri Court of Appeals · Feb 21, 1989

In Matthew v. … Ogawa v. City of Des Peres, supra, [13]; Conner v. Herd, 452 S.W.2d 272 (Mo.App.1970) [14]; Brown v. Beuc, 384 S.W.2d 845 (Mo. App.1964) [9].

Hill v. Missouri Dental Board

726 S.W.2d 370 · Missouri Court of Appeals · Jan 20, 1987

Count V was dismissed before the introduction of evidence and Count II, although upheld by the Board, was reversed by the Circuit Court. … Pulitzer, supra; Citizens for Rural Preservation, Inc. v. Robinett, supra. Moreover, this court will not substitute its judgment of the evidence or credibility of the witnesses for that of the Board. Cox v.

McKenzie v. Midwest Joint Board

998 S.W.2d 184 · Missouri Court of Appeals · Aug 17, 1999

Ker v. Missouri Dental Board

752 S.W.2d 69 · Missouri Court of Appeals · Jun 6, 1988

Appellant does not challenge the Board’s authority to conduct the post-disciplinary action proceeding imposing the additional thirty day suspension. See State Bd. of Registration for Healing Arts v. … Hill v. Missouri Dental Board, 726 S.W.2d 370, 372 (Mo.App.1987).

Board of Education v. Thomas

926 S.W.2d 163 · Missouri Court of Appeals · Jun 4, 1996

Thompson v. Southwest School District, 483 F.Supp. 1170, 1182 (W.D.Mo.1980). The Board made findings of fact sufficient to support the Thompson factors. … Teacher cites to Stewart v. Board of Educ. of Ritenour Consol. School Dist. in support of this assertion. 538 S.W.2d 765 (Mo.App.1976).

Angle v. Missouri Dental Board

911 S.W.2d 325 · Missouri Court of Appeals · Dec 12, 1995

Angle, D.D.S., appeals a decision of the circuit court affirming a decision of the Administrative Hearing Commission that cause existed for the Missouri Dental Board to discipline the license of Dr. Angle.