(1984) When a county council makes a determination that would normally be made by a county commission in a noncharter county, the decisions of the county council come within the purview of this section governing appeals from decisions, findings and orders of county commissions of quasi-judicial nature. State ex rel. McNary v. Hais (Mo. banc), 670 S.W.2d 494.
Notes of Decisions
Cited in 38
cases (1 in the last 5 years), 1951–2021 · leading case: State Ex Rel. McNary v. Hais, 670 S.W.2d 494 (Mo. 1984).
State Ex Rel. McNary v. Hais, 670 S.W.2d 494 (Mo. 1984). · cites it 35דLouis County Council and subsequent intervenors, filed separate motions to dismiss, arguing that the Circuit Court lacked jurisdiction because of § 49.230, RSMo 1978, which provides in pertinent part: "Appeals from the decisions, findings or orders of county courts of a…”
Ross v. Conco Quarry, Inc., 543 S.W.2d 568 (Mo. Ct. App. 1976). · cites it 22דOn January 25 the remonstrants filed a notice of appeal in the circuit court, purportedly in compliance with § 49.230, and on January 28 filed a petition for review of the second order of vacation.”
Ford v. Boone Cnty., 654 S.W.2d 169 (Mo. Ct. App. 1983). · cites it 20דDefendants filed a motion to dismiss on February 13, 1981, on the ground that the action was barred by § 49.230 1 which provides as follows: Appeals from the decisions, findings and orders of county courts of a quasi-judicial nature 2 affecting private rights shall be made…”
State ex rel. Webb v. Roos, 530 S.W.2d 704 (Mo. Ct. App. 1975). · cites it 23דThe motion to dismiss appellants’ petition was granted because notice of the appeal from the County Council’s decision was not filed with the County Council within ten days of the date of the Council’s decision, as is required by § 49.230 RSMo. 1969. Appellants contend that § 49.”
Alpha Portland Cement Co. v. Missouri Dep't of Nat. Resources, 608 S.W.2d 451 (Mo. Ct. App. 1980). · cites it 8דA timely notice of appeal of this resolution was thereafter filed with the county council pursuant to § 49.230 RSMo 1969 by the Open Space Council for the St.”
State ex rel. Ballard v. Luten, 555 S.W.2d 855 (Mo. Ct. App. 1977). · cites it 12דProperty owners, defendants in that action, moved to dismiss the petition on the ground that no appeal from the order of the county council was taken within 10 days of the order, as required by § 49.230. 2 The circuit judge overruled this motion and a similar motion to dismiss…”
Hedges v. Cnty. Court for Ray Cnty., 581 S.W.2d 73 (Mo. Ct. App. 1979). · cites it 7ד*79 The right to seek judicial review of decisions of administrative bodies is granted generally by Article V, Section 22, Missouri Constitution, and the provision implementing this right as it applies to county courts generally, is found in Section 49.230 RSMo 1969, which…”
Gash v. Lafayette Cnty., 245 S.W.3d 229 (Mo. 2008). · cites it 2ד1987), for example, the court of appeals noted that section 49.230 read, in pertinent part, "[a]ppeals from the decisions, findings, or orders of the county courts of a quasi-judicial nature,” prior to its 1983 amendment by the General Assembly.”
In Re Vill. of Lone Jack, 419 S.W.2d 87 (Mo. 1967). · cites it 5ד" [3] Section 49.230 (all references to statutes and rules are to RSMo 1959, V.”
Kansas City v. Rooney, 254 S.W.2d 626 (Mo. 1953). · cites it 4דSection 22 of Article V of the Constitution authorizes appeals from decisions of administrative bodies and provides the scope of review.”
In re Incorporate the City of Duquesne, 313 S.W.2d 65 (Mo. Ct. App. 1958). · cites it 7דThis section provides: “In all cases of appeal from the final determination of any case in a county court, such appeal shall be prosecuted to the appellate court in the same manner as is now provided by law for the regulation of appeals from magistrates to circuit courts, and…”
State ex rel. Koewing v. Franklin Cnty. Bd. of Zoning Adjustment, 809 S.W.2d 874 (Mo. Ct. App. 1991). · cites it 7דThe court granted dismissal on the basis of § 49.230 RSMo 1978. This section was repealed and was replaced in 1985 by provisions for appeal only from decisions, findings and orders of county commissions.”
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