State Ex Rel. Nixon v. Boone

FENNER, Judge.

This matter comes before us after the Circuit Court of Jackson County granted a motion for summary judgment in favor of the Missouri Air Conservation Commission (“MACC”), and Missouri Department of Natural Resources (“MDNR”), and denied the competing motion for summary judgment of appellant Elvin Boone, d/b/a Inter City Metals (“ICM”). The questions presented by the motions and on appeal are whether respondents had standing to bring their action in the circuit court without a prior administrative proceeding and whether respondents had authority to require the air quality testing…