adversarial hearing (Missouri) · Go Syfert
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adversarial hearing in Missouri

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.

Followed or applied (10)

CaseFollowedCited
Strozewski v. City of Springfieldgreen
mo · 1994 · cited in 4 Missouri opinions naming this issue, 1999–2006
2 sentences

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)).

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)).

44
Hagely v. Board of Education of Webster Groves School Districtgreen
mo · 1992 · cited in 2 Missouri opinions naming this issue, 1994–1999
2 sentences

1999Dist., 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).

22
Kinzenbaw v. Director of Revenuegreen
mo · 2001 · cited in 2 Missouri opinions naming this issue, 2003–2013
2 sentences

2013See, 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 .

12
THF Chesterfield North Development, L.L.C. v. City of Chesterfieldgreen
moctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019Under § 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).

11
Grist v. Gristgreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019See Grist v. Grist , 946 S.W.2d 780 , 782 (Mo. App. E.D. 1997).

11
Vette v. Director of Revenuegreen
moctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013See, 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

11
Flowers v. Robertsgreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 2002–2002
2 sentences

2002See id.

2002Flowers, 979 S.W.2d at 471 .

11
Chemplex Co. v. Tauber Oil Co.green
iasd · 1970 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

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.

11
Wheeler v. Barreragreen
scotus · 1975 · cited in 1 Missouri opinions naming this issue, 1995–1995
2 sentences

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.

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.

11
Citizens for Safe Waste Management v. St. Louis Countygreen
moctapp · 1991 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

1995Louis 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 .

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 (4)

CaseCitedYears
Cade v. State, Department of Social Services green
moctapp · 1999
2 sentences

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)).

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)).

32003–2006
State ex rel. Robison v. Lindley-Myers green
mo · 2018
1 sentence

2019Moreover, 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 .

12019–2019
Luttrell v. Stokes green
moctapp · 2002
1 sentence

2009There 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 .

12009–2009
Thomas v. Lloyd green
moctapp · 2000
2 sentences

2002The 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 .

12002–2002

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 536.150 (7) MO § Mo. Rev. Stat. § 536.140 (4) MO § Mo. Rev. Stat. § 536.010 (3) MO § Mo. Rev. Stat. § 536.100 (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

IL 48 (1980–2025) TX 45 (1990–2024) NY 40 (1976–2026) FL 36 (1985–2025) CA 25 (1981–2025) WA 25 (1994–2024) MS 18 (1990–2022) NJ 13 (1983–2022) CT 13 (1987–2016) MO 13 (1994–2019) IN 12 (1985–2018) KY 12 (2000–2026) NM 11 (1995–2024) PA 11 (1980–2025) OH 9 (1989–2020) OR 8 (1981–2023) MD 7 (1984–2025) MI 7 (1989–2018) KS 7 (1991–2015) AL 7 (1989–2004) CO 7 (1989–2011) NV 7 (1984–2020) NC 6 (1990–2026) LA 6 (1986–2017) SC 6 (1994–2011) TN 6 (1995–2015) GA 6 (1970–2025) DC 5 (1992–2016) AK 5 (1995–2025) AZ 5 (1984–2018) IA 4 (2002–2023) VT 4 (1994–2022) MN 4 (1989–2017) OK 3 (1990–2013) AR 3 (2004–2019) SD 3 (1996–1996) MT 2 (1998–2025) NE 2 (1998–2017) WV 2 (1980–2002) DE 2 (2020–2021)

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.

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