13 Missouri opinions name it 2 courts 1994–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
Strozewski v. City of Springfieldgreen2 sentences2006"An administrative decision is considered to be noncontested’ if 'made without any requirement of an adversarial hearing at which a measure of procedural formality is followed.’ ” Id. at 37 (quoting Strozewski v. City of Springfield, 875 S.W.2d 905, 906 (Mo. banc 1994)). 2006"An administrative decision is considered to be `noncontested' if `made without any requirement of an adversarial hearing at which a measure of procedural formality is followed.'" Id. at 37 (quoting Strozewski v. City of Springfield, 875 S.W.2d 905, 906 (Mo. banc 1994)). | 4 | 4 |
Hagely v. Board of Education of Webster Groves School Districtgreen2 sentences1999Dist., 841 S.W.2d 663, 668 (Mo. banc 1992). 4 An administrative decision is considered to be “noncontested” if “made without any requirement of an adversarial hearing at which a measure of procedural formality is followed.” Strozewski v. City of Springfield, 875 S.W.2d 905, 906 (Mo. banc 1994). 1994Hagely v. Board of Educ. of Webster Groves, 841 S.W.2d 663 , 668 *907 (Mo. banc 1992). | 2 | 2 |
Kinzenbaw v. Director of Revenuegreen2 sentences2013See, e.g., Kinzenbaw v. Dir. of Revenue, 62 S.W.3d 49, 52 (Mo. banc 2001); Vette, 99 S.W.3d at 566-68 (both holding that section 536.150 governs judicial review of “non-contested” administrative cases, such as this one, where the agency’s decision was “made without any requirement of an adversarial hearing”). 5 Section 536.150 (like 536.140) permits the reviewing court to determine whether the agency’s decision was arbitrary or unreasonable, 6 and the focus of Radmacher’s points on appeal is that the decision was arbitrary and unreasonable; thus, we will address his claims to the extent possib 2003The issue, then, is whether Mr. Vette’s case was contested or noncontest-ed. In Kinzenbaw , a case that also concerned the suspension of a driver’s license under section 302.060(9), the Supreme Court held that because “there was no hearing (or ‘contest’) at the agency, Kin-zenbaw’s case is ‘noncontested’ and thus is governed by section 536.150.” Kinzenbaw, 62 S.W.3d at 52 . | 1 | 2 |
THF Chesterfield North Development, L.L.C. v. City of Chesterfieldgreen1 sentence2019Under § 375.141, the Department was authorized to make its licensing decision “without any requirement of an adversarial hearing at which a[ny] measure of procedural formality is followed.” THF Chesterfield N. Dev., LLC v. City of Chesterfield, 106 S.W.3d 13, 18 (Mo. App. E.D. 2003) (citation omitted). | 1 | 1 |
Grist v. Gristgreen1 sentence2019See Grist v. Grist , 946 S.W.2d 780 , 782 (Mo. App. E.D. 1997). | 1 | 1 |
Vette v. Director of Revenuegreen1 sentence2013See, e.g., Kinzenbaw v. Dir. of Revenue, 62 S.W.3d 49, 52 (Mo. banc 2001); Vette, 99 S.W.3d at 566-68 (both holding that section 536.150 governs judicial review of “non-contested” administrative cases, such as this one, where the agency’s decision was “made without any requirement of an adversarial hearing”). 5 Section 536.150 (like 536.140) permits the reviewing court to determine whether the agency’s decision was arbitrary or unreasonable, 6 and the focus of Radmacher’s points on appeal is that the decision was arbitrary and unreasonable; thus, we will address his claims to the extent possib | 1 | 1 |
Flowers v. Robertsgreen2 sentences2002See id. 2002Flowers, 979 S.W.2d at 471 . | 1 | 1 |
Chemplex Co. v. Tauber Oil Co.green1 sentence1995See Wheeler v. Barrera, 417 U.S. 402, 420 , 94 S.Ct. 2274, 2284 , 41 L.Ed.2d 159 (1974) ("comparable” does not mean "identical”); Chemplex Co. v. Tauber Oil Co., 309 F.Supp. 904, 908 (S.D. | 1 | 1 |
Wheeler v. Barreragreen2 sentences1995See Wheeler v. Barrera, 417 U.S. 402, 420 , 94 S.Ct. 2274, 2284 , 41 L.Ed.2d 159 (1974) ("comparable” does not mean "identical”); Chemplex Co. v. Tauber Oil Co., 309 F.Supp. 904, 908 (S.D. 1995See Wheeler v. Barrera, 417 U.S. 402, 420 , 94 S.Ct. 2274, 2284 , 41 L.Ed.2d 159 (1974) ("comparable” does not mean "identical”); Chemplex Co. v. Tauber Oil Co., 309 F.Supp. 904, 908 (S.D. | 1 | 1 |
Citizens for Safe Waste Management v. St. Louis Countygreen1 sentence1995Louis County, 810 S.W.2d 635, 641 (Mo.App.1991) (characterizing an agency decision as non-contested if it is rendered without the requirement of an adversarial hearing, is not subject to administrative review, and determines the legal rights, duties or privileges of any person). 7 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cade v. State, Department of Social Services
green
2 sentences2006"An administrative decision is considered to be noncontested’ if 'made without any requirement of an adversarial hearing at which a measure of procedural formality is followed.’ ” Id. at 37 (quoting Strozewski v. City of Springfield, 875 S.W.2d 905, 906 (Mo. banc 1994)). 2006"An administrative decision is considered to be `noncontested' if `made without any requirement of an adversarial hearing at which a measure of procedural formality is followed.'" Id. at 37 (quoting Strozewski v. City of Springfield, 875 S.W.2d 905, 906 (Mo. banc 1994)). | 3 | 2003–2006 |
State ex rel. Robison v. Lindley-Myers
green
1 sentence2019Moreover, under the final sentence of § 374.051.1, “the director retained her discretion to refuse [Holden]’s license . . . even if [Holden] had pursued his administrative remedy.” Robison, 551 S.W.3d at 472 . | 1 | 2019–2019 |
Luttrell v. Stokes
green
1 sentence2009There must be action taken to “put a reasonable property owner on notice than an adversarial claim on ownership is being made.” Luttrell, 77 S.W.3d at 749 . | 1 | 2009–2009 |
Thomas v. Lloyd
green
2 sentences2002The court said that “following their bulldozing the road and cutting some timber in 1984, not only did plaintiffs refrain for over nine years from doing anything whatsoever with respect to the disputed tract that could fairly be deemed ‘open and notorious,’ but when they finally did once again do something regarding the disputed tract that was open and notorious and would put a reasonable property own *781 er on notice that an adversarial claim of ownership was being made namely, erecting the fence along [what plaintiffs believed to be the line] the defendants responded almost immediately to t 2002Id. at 471 . | 1 | 2002–2002 |
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.
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.