Legal Opinion
State Ex Rel. Goldberg v. Darnold
Missouri Court of Appeals
Decided September 10, 1980No. WD 31620PublishedCited by 12 opinions
1Opinion of the Court
ORIGINAL PROCEEDING IN PROHIBITION
SHANGLER, Judge.
The relator Director of Revenue brings prohibition to challenge the jurisdiction of the respondent circuit judge to entertain a declaratory judgment action on the validity of a tax regulation. The relator contends that §§ 144.261 and 161.273, RSMo 1978, vest that determination with the administrative hearing commission [AHC] exclusively. The respondent contends that § 536.050, RSMo 1978, allows access either to a court or to the commission [AHC] for that purpose. These sections are amendments and enactments of Senate Bill 661, and each…
2Cases cited5 opinions
- State Ex Rel. Schneider v. StewartMissouri Court of Appeals · 1978
- Missourians for Separation of Church & State v. RobertsonMissouri Court of Appeals · 1979
- American Hog Company v. County of ClintonMissouri Court of Appeals · 1973
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Ackerman v. City of Creve CoeurMissouri Court of Appeals · 1977
3Cited by12 opinions
- Conoco, Inc. v. STATE DEPT. OF HEALTH, ETC.Supreme Court of Oklahoma · 1982
- Asarco, Inc. v. McNeillMissouri Court of Appeals · 1988
- Blue Ridge Bank and Trust Co. v. HartMissouri Court of Appeals · 2005
- Farmers State Bank v. Place-Wiederholt Chevrolet-Oldsmobile, Inc.Missouri Court of Appeals · 1988
- Kansas Ass'n of Private Investigators v. MulvihillMissouri Court of Appeals · 2000
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