Seeley v. Anchor Fence Co.

I concur with the result reached in this case, and write separately only to explain why I believe this case is distinguishable from Citizens for Envtl. Safety, Inc. v. Missouri Department of Nat’l Resources, 12 S.W.3d 720 (Mo.App. S.D.1999), cited in the principal opinion, and from which I

*822dissented. In that dissent, I pointed out that in State ex rel. Missouri Highway and Transp. Comm’n v. Muegge, 842 S.W.2d 192, 195 (Mo.App.-E.D.1992), the court acknowledged that “shall” is generally mandatory, and that cases deciding whether a requirement is mandatory or directory look at the effect of…