Mo. Rev. Stat. » Chapter 228
Missouri Revised Statutes

Mo. Rev. Stat. § 228.120 (2026)

Record of proceedings

✓ current as of May 2026
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  228.120.  Record of proceedings — judicial review. — 1.  Upon the request and at the expense of any petitioners or remonstrators, a stenographic record shall be made of all proceedings before the county commission upon any petition to establish or vacate any public road.

  2.  Any order of the county commission establishing or vacating a public road shall be subject to judicial review to the same extent and in the manner prescribed by chapter 536.

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(L. 1949 p. 551 § 8477)

(1958) Order of county court of Maries County establishing a public road in Maries County was reviewable by circuit court in Cole County under § 536.110. Elrod v. Maries Co. (A.), 309 S.W.2d 12.

(1976) Section 49.230 is a general statute and does not impliedly repeal this section, the general rule being that a later general act does not repeal an earlier specific which remains as an exception to the later general law. Ross v. Conoco Quarry, Inc. (A.), 543 S.W.2d 568.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1957–2022 · leading case: Ross v. Conco Quarry, Inc., 543 S.W.2d 568 (Mo. Ct. App. 1976).
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Ross v. Conco Quarry, Inc., 543 S.W.2d 568 (Mo. Ct. App. 1976). · cites it 17× “230 was enacted 10 years after § 228.120. The title of the act of which present § 49.”
State ex rel. Ballard v. Luten, 555 S.W.2d 855 (Mo. Ct. App. 1977). · cites it 10× “The circuit judge filed a motion to dismiss the petition for a writ of prohibition, alleging that the procedure for appeal from the order of the county council is provided by § 228.120(2), 3 and that the two corporations timely filed their petition for judicial review within the…”
Hedges v. Cnty. Court for Ray Cnty., 581 S.W.2d 73 (Mo. Ct. App. 1979). · cites it 5× “230 RSMo 1969, which provides, inter alia, that the aggrieved party must file within ten (10) days from the administrative ruling complained of a notice of appeal with the County Court and that said court shall certify its records to the Circuit Court within thirty (30) days…”
Davis v. St. Charles Cnty., 250 S.W.3d 408 (Mo. Ct. App. 2008). · cites it 5× “The issue here is whether chapter 536 controls appeals under chapter 228 in the same way it controls appeals in all administrative cases.”
Ford v. Boone Cnty., 654 S.W.2d 169 (Mo. Ct. App. 1983). · cites it 3× “Louis County Council or whether the specific section governing review of orders vacating public roads, § 228.120, should apply. In holding that § 49.”
Ard v. Shannon Cnty. Comm'n, 424 S.W.3d 468 (Mo. Ct. App. 2014). “This statute further provides that “[t]he county may, by order or ordinance, provide for notice and hearing of such petitions and for filing and hearing remonstrances against them.”
Burrows v. Cnty. Court of Carter Cnty., 308 S.W.2d 299 (Mo. Ct. App. 1957). · cites it 2× “2d 626, 627 ] and since Section 228.120(2) expressly provides that any order vacating a public road “shall be subject to judicial review to the same extent and in the manner prescribed by chapter 536” dealing with “Administrative Procedure and Review,” the scope of judicial…”
Mast v. Deters, 357 S.W.2d 919 (Mo. 1962). “160 contains no provision for review, provision is specifically made in'§ 228.120 for a judicial review in the manner prescribed by Chapter 536 of orders of the county court relating to certain other road matters.”
State ex rel. Karmi v. VonRomer, 562 S.W.2d 112 (Mo. Ct. App. 1978). “1976); §§ 228.120(2) and 49.230, RSMo 1969. . See State ex rel.”
Randy Foster, Jerry Darter, Stanley Rodery, Scott Buie, & Dewayne Hensley v. Dunklin Cnty., Missouri, 641 S.W.3d 421 (Mo. Ct. App. 2022). · cites it 3× “110, RSMo”; (2) “Section 228.120, RSMo creates judicial review of an order vacating a road in the manner prescribed by chapter 536”; (3) Section 536.”
Elrod v. Maries Cnty., 309 S.W.2d 12 (Mo. Ct. App. 1958). · cites it 3× “This petition for the establishment of a public road was filed under the provisions of Section 228.020 RSMo 1949, V.”
Mo. Rev. Stat. § 228.120(2): 4 cases
Ross v. Conco Quarry, Inc., 543 S.W.2d 568 (Mo. Ct. App. 1976). “230 was enacted 10 years after § 228.120. The title of the act of which present § 49.”
State ex rel. Ballard v. Luten, 555 S.W.2d 855 (Mo. Ct. App. 1977). “The circuit judge filed a motion to dismiss the petition for a writ of prohibition, alleging that the procedure for appeal from the order of the county council is provided by § 228.120(2), 3 and that the two corporations timely filed their petition for judicial review within the…”
Burrows v. Cnty. Court of Carter Cnty., 308 S.W.2d 299 (Mo. Ct. App. 1957). “2d 626, 627 ] and since Section 228.120(2) expressly provides that any order vacating a public road “shall be subject to judicial review to the same extent and in the manner prescribed by chapter 536” dealing with “Administrative Procedure and Review,” the scope of judicial…”
State ex rel. Karmi v. VonRomer, 562 S.W.2d 112 (Mo. Ct. App. 1978). “1976); §§ 228.120(2) and 49.230, RSMo 1969. . See State ex rel.”
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