exhaustion of administrative remedies doctrine (Missouri) · Go Syfert
← Missouri issues

exhaustion of administrative remedies doctrine in Missouri

18 Missouri opinions name it 2 courts 1969–2025 3 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Coleman v. Missouri Secretary of Stategreen
moctapp · 2010 · cited in 4 Missouri opinions naming this issue, 2011–2019
2 sentences

2019“The exhaustion of administrative remedies doctrine has traditionally been characterized as a jurisdictional requirement.” Coleman v. Mo. Sec'y of State, 313 S.W.3d 148, 154 (Mo. App. W.D. 2010). “[H]owever, the concept of subject matter jurisdiction is no longer applicable to evaluation of the effect of one’s failure to exhaust administrative remedies.” Id.

2019“The exhaustion of administrative remedies doctrine has traditionally been characterized as a jurisdictional requirement.” Coleman v. Mo. Sec'y of State, 313 S.W.3d 148, 154 (Mo. App. W.D. 2010). “[H]owever, the concept of subject matter jurisdiction is no longer applicable to evaluation of the effect of one’s failure to exhaust administrative remedies.” Id.

44
Sperry Corp. v. Wilesgreen
mo · 1985 · cited in 3 Missouri opinions naming this issue, 1991–2023
2 sentences

2023Sperry Corp. v. Wiles, 695 S.W.2d 471, 472 (Mo. banc 1985).

1991“The doctrine of exhaustion of administrative remedies requires that where a remedy before an administrative agency is provided, relief must be sought by exhausting this remedy before the courts will act.” Sperry Corp. v. Wiles, 695 S.W.2d 471, 472 (Mo. banc 1985) (citing 2 Am.

33
Pessin v. State Tax Commissiongreen
moctapp · 1994 · cited in 3 Missouri opinions naming this issue, 1998–2012
2 sentences

2012The doctrine of exhaustion of administrative remedies has been called a requirement of “subject matter jurisdic tion.” See, e.g., Pessin v. State Tax Comm’n of Mo., 875 S.W.2d 143 (Mo.App.1994); Devinki v. Takacs, 875 S.W.2d 648 (Mo.App.1994).

1998Maynes argues that it is not required to exhaust the administrative review process of WWO 195 before seeking judicial relief because Section 11 of the ordinance says the review is “advisory.” To be applicable, the doctrine of exhaustion of administrative remedies requires that the reviewing agency “is empowered to grant relief.” Pessin v. State Tax Commission of Missouri, 875 S.W.2d 143, 146 (Mo.App.

23
Division of Employment Security v. Training Associates Corp.green
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021See Shafinia v. Nash, 372 S.W.3d 490, 494-95 (Mo. App. W.D. 2012) (The doctrine of exhaustion of administrative remedies “should no longer be understood” as a requirement of subject matter jurisdiction; rather it should “be understood as a matter of limits on the court’s authority.”).

11
Two Pershing Square, L.P. v. Boleygreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 2001–2001
1 sentence

2001Two Pershing Square, L.P. v. Boley, 981 S.W.2d 635, 639 (Mo.App.1998).

11
Farm Bureau Town & Country Insurance Co. v. Angoffgreen
mo · 1995 · cited in 1 Missouri opinions naming this issue, 2001–2001
2 sentences

2001“The exhaustion of administrative remedies doctrine is rooted in sound policy, as well as in both the state constitution and statutes.” 5 Farm Bureau Town & Country Ins. v. Angoff, 909 S.W.2d 348, 352 (Mo.banc 1995).

2001“The exhaustion of administrative remedies doctrine is rooted in sound policy, as well as in both the state constitution and statutes.” 5 Farm Bureau Town & Country Ins. v. Angoff, 909 S.W.2d 348, 352 (Mo.banc 1995).

11
Premium Standard Farms, Inc. v. Lincoln Townshipgreen
mo · 1997 · cited in 1 Missouri opinions naming this issue, 2000–2000
1 sentence

2000The issue may also be resolved through the procedures set forth by the agency for resolution of complaints, thereby rendering unnecessary review by the courts.” Premium Standard Farms v. Lincoln Tp., 946 S.W.2d 234, 237 (Mo.banc 1997).

11
Westglen Village Associates v. Leachmangreen
mo · 1983 · cited in 1 Missouri opinions naming this issue, 1996–1996
2 sentences

1996On appeal, defendant argued that the circuit court was without jurisdiction to hear plaintiffs refund action because, under Westglen Village Assocs. v. Leachman, 654 S.W.2d 897, 899-900 (Mo. banc 1983), and the doctrine of exhaustion of administrative remedies, plaintiff was obliged to file its claim for exemption with the county board of equalization first and proceed from there to the commission.

1996Id.

11
McKart v. United Statesgreen
scotus · 1969 · cited in 1 Missouri opinions naming this issue, 1969–1969
2 sentences

1969See McKart v. United States, 395 U.S. 185 , 89 S.Ct. 1657, 1662-1663 , 23 L.Ed.2d 194 [3-5] [6].

1969See McKart v. United States, 395 U.S. 185 , 89 S.Ct. 1657, 1662-1663 , 23 L.Ed.2d 194 [3-5] [6].

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. red
scotus · 1984
1 sentence

2025Council, Inc., 467 U.S. 837 (1984) (holding that courts are to afford binding 4 commissioners, the Department and its director, and the Division and its director— within their special administrative agency expertise—have all affirmatively represented in their appellate briefing to this Court that the administrative review procedure set forth in section 537.690 is applicable to the Division’s Payment Decisions awarding a pro rata payment of the respective awards to each individual Fund claimant.3 “The doctrine of exhaustion of administrative remedies requires an aggrieved party to seek availabl

12025–2025
Devinki v. Takacs green
moctapp · 1994
1 sentence

2012The doctrine of exhaustion of administrative remedies has been called a requirement of “subject matter jurisdic tion.” See, e.g., Pessin v. State Tax Comm’n of Mo., 875 S.W.2d 143 (Mo.App.1994); Devinki v. Takacs, 875 S.W.2d 648 (Mo.App.1994).

12012–2012
Oanh Thile Huynh v. King green
moctapp · 2008
1 sentence

2010King, 269 S.W.3d at 544 .

12010–2010

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 536.010 (4) MO § Mo. Rev. Stat. § 536.100 (4) MO § Mo. Rev. Stat. § 138.430 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 235 (1941–2026) TX 89 (1973–2025) NY 79 (1958–2026) PA 78 (1969–2026) IL 71 (1963–2025) CT 48 (1983–2026) NJ 39 (1952–2025) OH 36 (1990–2025) AZ 29 (1957–2025) MD 26 (1982–2020) MI 26 (1972–2026) AL 25 (1976–2025) IN 25 (1977–2019) ME 24 (1974–2024) AR 22 (1988–2025) MO 18 (1969–2025) WI 15 (1972–2026) AK 14 (1985–2023) NM 13 (1998–2026) UT 13 (1993–2020) CO 12 (1982–2012) FL 12 (1958–2022) DC 11 (1972–2010) WA 11 (1969–2016) TN 10 (1946–2020) MS 10 (1966–2021) MA 10 (1979–2014) DE 10 (1992–2025) SC 10 (1977–2023) MN 10 (1957–2007) KS 9 (1986–2021) NC 8 (2008–2020) RI 7 (1966–2017) WV 7 (1966–2026) IA 7 (1971–2016) NH 6 (1998–2018) HI 6 (2012–2025) GA 5 (1986–2017) WY 4 (1982–2020) OK 4 (1980–2005) VT 3 (1952–2001) ID 3 (1990–2023) SD 3 (1975–1987) LA 3 (1976–2024) NV 3 (1979–2021) NE 2 (1998–2017) OR 2 (1997–2019) ND 2 (2014–2024) VA 2 (2000–2010) MT 2 (2022–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check