Strack Excavating, LLC v. Missouri Department of Natural Resources, Land Reclamation Commission Saxony Lutheran High School

Strack Excavating, L.L.C. (“Strack”) appeals the circuit court’s judgment dismissing its declaratory judgment action. Strack raises one point on appeal. Strack. argues that the trial court erred in dismissing its declaratory judgment action. Strack contends that its challenge to § 444.771, RSMo Cum.Supp.2011, presents a justiciable controversy which is ripe and which is not subject to the administrative exhaustion doctrine. We affirm.

Factual Background

Strack obtained a permit from the Land Reclamation Commission (now the Missouri Mining Commission) after § 444.771, RSMo Cum.Supp,2011, became…