Atkins v. Director of Revenue

JAMES R. DOWD, Judge.

The Director of Revenue (“Director”) appeals from a judgment of the Circuit Court of St. Louis City. This judgment reinstated Mr. Atkins’s driver’s license and assessed costs against the Director.

“Absent a statute to the contrary, costs are not recoverable from the state in its own courts.” Reed v. Director of Revenue, 834 S.W.2d 834, 837 (Mo.App.1992). Section 536.087.1 RSMO 1994 provides for recovering costs against the state; however, driver’s license proceedings are excluded from this statute by Section 536.085.1 RSMo 1994. Furthermore, Mr. Atkins conceded this issue…