Mo. Rev. Stat. » Chapter 536
Missouri Revised Statutes

Mo. Rev. Stat. § 536.110 (2026)

Petition, when filed

✓ current as of May 2026
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  536.110.  Petition, when filed — process — venue. — 1.  Proceedings for review may be instituted by filing a petition in the circuit court of the county of proper venue within thirty days after the mailing or delivery of the notice of the agency's final decision.

  2.  Such petition may be filed without first seeking a rehearing, but in cases where agencies have authority to entertain motions for rehearing and such a motion is duly filed, the thirty-day period aforesaid shall run from the date of the delivery or mailing of notice of the agency's decision on such motion.  No summons shall issue in such case, but copies of the petition shall be delivered to the agency and to each party of record in the proceedings before the agency or to his attorney of record, or shall be mailed to the agency and to such party or his said attorney by registered mail, and proof of such delivery or mailing shall be filed in the case.

  3.  The venue of such cases shall, at the option of the plaintiff, be in the circuit court of Cole County or in the county of the plaintiff or of one of the plaintiff's residence or if any plaintiff is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of such registered office or business office, except that, in cases involving real property or improvements thereto, the venue shall be the circuit court of the county where such real property is located.  The court in its discretion may permit other interested persons to intervene.

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(L. 1945 p. 1504 § 10, A.L. 1953 p. 679, A.L. 1978 H.B. 1634, A.L. 2003 S.B. 357)

(1969) Sections 64.660, 536.100, and this section are in pari materia. State ex rel. Day v. County Court of Platte County (A.), 442 S.W.2d 178.

(1970) This section does not apply to agencies which have their own separate review provision in their own special statute.  Brogoto v. Wiggins (Mo.), 458 S.W.2d 317.

(1971) Circuit court of city of St. Louis had jurisdiction of appeal from order of air pollution appeal board of St. Louis County where counsel of appeal board waived any objection as to venue and plaintiff appellant corporation's registered business office was in St. Louis City and county ordinance provided that decision of the board could be appealed to the circuit court under the provisions of chapter 536, RSMo.  State ex rel. Union Electric Co. v. Scott (A.), 470 S.W.2d 1.

(1977) Held, court rule 100.04 does not conflict with this section and appeal from personnel advisory board may properly be taken to the circuit court of Cole County. Mills v. Federal Soldiers' Home (Mo.), 549 S.W.2d 862.

(1979) Mandamus was remedy when city council denied a liquor license under a municipal code when all conditions were met and was not a "contested" case. State ex rel. Keeven v. City of Hazelwood, et al. (A.), 585 S.W.2d 557.

(1980) Time limits for seeking judicial review of an agency's final decision where service is by mail may not be extended under civil rule allowing three additional days where service is by mail; statutory time period is jurisdictional. R.B. Industries, Inc. v. Goldberg (Mo.), 601 S.W.2d 5.

(1980) Thirty-day period for seeking judicial review of decision of director of revenue issuing additional rules and use tax assessment began to run on date of mailing of order and period not extended under civil rule adding three additional days to length of prescribed period if notice is served by mail. R.B.  Industries, Inc. v. Goldberg (Mo.), 601 S.W.2d 5.

(1984) Medicaid disallowance by department, petition filed in circuit court not designated by statute. Subject-matter jurisdiction cannot be conferred or waived by parties. (Mo.App.E.D.) Health Enterprises v. Dept. of Soc. Services, 668 S.W.2d 185.

Notes of Decisions
Cited in 170 cases (6 in the last 5 years), 1955–2024 · leading case: State Ex Rel. McNary v. Hais, 670 S.W.2d 494 (Mo. 1984).
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State Ex Rel. McNary v. Hais, 670 S.W.2d 494 (Mo. 1984). · cites it 30× “Section 536.110, RSMo 1978, provides a thirty day statute of limitations for appeals from administrative decisions.”
Mills v. Fed. Soldiers Home of Missouri, 549 S.W.2d 862 (Mo. 1977). · cites it 13× “04 contradicts section 536.110, RSMo 1969. 1 The rule provides that actions for judicial review of contested administrative decisions may be filed in the circuit court of the county of plaintiff’s residence whereas the statute provides, inter alia, that the venue of such…”
State Ex Rel. Wasson v. Schroeder, 646 S.W.2d 105 (Mo. 1983). · cites it 15× “§ 536.110 RSMo 1978. Section 536.110(3) does allow a plaintiff to maintain an action in Cole County or in the county of plaintiff’s residence; however, this section is subject to the provisions of section 536.”
Weisenburger v. City of St. Joseph, 51 S.W.3d 119 (Mo. Ct. App. 2001). · cites it 7× “Weisenburger filed a Petition for Review pursuant to § 536.110 1 and under Sec. 7-362 of the St.”
William Smith v. City of St. Louis, 573 S.W.3d 705 (Mo. Ct. App. 2019). · cites it 6× “s three points on appeal, arguing: (1) the trial court erred in considering documents outside the pleadings when adjudicating the City’s motion to dismiss; (2) the Commission erred in dismissing his case without conducting an evidentiary hearing; and (3) the trial court erred in…”
State Bd. of Reg. v. Draper, 280 S.W.3d 134 (Mo. Ct. App. 2009). · cites it 11× “Discussion Section 536.110, RSMo 2000 1 sets forth the process and time limits for filing petitions for review of administrative decisions.”
State Ex Rel. Henze v. Wetzel, 754 S.W.2d 888 (Mo. Ct. App. 1988). · cites it 9× “1986 and “not by the provisions of Section 536.110, RSMo,” and this “court has jurisdiction to hear the Relator’s [sic] cause.”
State Ex Rel. State Tax Comm'n v. Luten, 459 S.W.2d 375 (Mo. 1970). · cites it 10× “, which superseded Section 536.110 on April 1, 1960, provides such review is to be had in the county of an owner’s residence.”
Storage Masters-Chesterfield, L.L.C. v. City of Chesterfield, 27 S.W.3d 862 (Mo. Ct. App. 2000). · cites it 7× “City argues on appeal that City’s denial of Landowner’s 1996 petition is time barred claiming City’s decision was an administrative one, and thus, the Landowner had only thirty days to seek judicial review pursuant to section 536.110 RSMo 1994. Landowner contends that the…”
Atkins v. Dep't of Bldg. Regulations, 596 S.W.2d 426 (Mo. 1980). · cites it 5× “The time for appeal is fixed by law (Section 536.110, RSMo 1978, embodied in Rule 100.”
Deffenbaugh Indus., Inc. v. Potts, 802 S.W.2d 520 (Mo. Ct. App. 1990). · cites it 4× “110, and not by a petition for review under § 536.110. It is the principle that where the legislature is empowered to and actually does provide a method of review, that special procedure is exclusive and must be used, or the court acts without jurisdiction.”
Warnecke v. State Tax Comm'n, 340 S.W.2d 615 (Mo. 1960). · cites it 10× “470 set forth above, are the provisions of paragraphs 1 and 3 of section 536.110, which are: “1. Proceedings for review may he instituted by filing a petition in the circuit court or court of common pleas of the county of proper venue within thirty days after the mailing or…”
Show all 170 citing cases →
— Mo. Rev. Stat. § 536.110(1) — 7 cases
Mills v. Fed. Soldiers Home of Missouri, 549 S.W.2d 862 (Mo. 1977). “04 contradicts section 536.110, RSMo 1969. 1 The rule provides that actions for judicial review of contested administrative decisions may be filed in the circuit court of the county of plaintiff’s residence whereas the statute provides, inter alia, that the venue of such…”
State ex rel. Dodson v. McNeal, 552 S.W.2d 34 (Mo. Ct. App. 1977).
Smith v. City of Kansas City, 635 S.W.2d 78 (Mo. Ct. App. 1982).
State ex rel. Webb v. Roos, 530 S.W.2d 704 (Mo. Ct. App. 1975).
Wrenn v. City of Kansas City, 908 S.W.2d 747 (Mo. Ct. App. 1995).
— Mo. Rev. Stat. § 536.110(2) — 2 cases
State ex rel. Pruitt-Igoe Dist. Cmty. Corp. v. Burks, 482 S.W.2d 75 (Mo. Ct. App. 1972).
Woodman v. Dir. of Revenue, 8 S.W.3d 154 (Mo. Ct. App. 1999).
— Mo. Rev. Stat. § 536.110(3) — 4 cases
State Ex Rel. Wasson v. Schroeder, 646 S.W.2d 105 (Mo. 1983). “§ 536.110 RSMo 1978. Section 536.110(3) does allow a plaintiff to maintain an action in Cole County or in the county of plaintiff’s residence; however, this section is subject to the provisions of section 536.”
State ex rel. Maddox v. Garner, 459 S.W.2d 40 (Mo. Ct. App. 1970).
State Ex Rel. State Bd. of Reg. for the Healing Arts v. Elliott, 387 S.W.2d 489 (Mo. 1965).
Alford Advert., Inc. v. Missouri High. & Transp. Comm'n, 944 S.W.2d 245 (Mo. Ct. App. 1997).
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