State ex rel. LS & C Development Services, Inc. v. Luna

ORIGINAL PROCEEDING IN MANDAMUS

Relator seeks to compel a transfer of venue to Greene County. We issued a preliminary order, which we now quash.

Background

Relator agreed, in its $6.7 million construction contract with the Taney County Regional Sewer District (“District”), that venue for litigation would “only be proper in Taney County, Missouri.” Relator later sued District (and others) in Greene County on project-related claims. Rule 51.045 motions to transfer the case to Taney County were granted over Relator’s objection.1

After transfer, Relator promptly sought a Rule 51.03 (small county)…