State Ex Rel. McNary v. Hais

This is prohibition.

On March 3, 1983, relator, St. Louis County Council, authorized the issuance of a conditional use permit for the operation of a sanitary land fill in North St. Louis County. Twenty-nine days later, plaintiffs, Citizens Opposed to New Halls Ferry Sanitary Land Fill, petitioned the Circuit Court seeking review of the St. Louis County Council’s decision. Relators, St. Louis County Council and subsequent interve-nors, filed separate motions to dismiss, arguing that the Circuit Court lacked jurisdiction because of § 49.230, RSMo 1978, which provides in pertinent part: “Appeals…