State ex rel. Tivol Plaza, Inc. v. Missouri Commission on Human Rights

I write separately because there is no compelling reason to depart from this Court’s clear admonition and declaration of law expressed in United States Department of Veterans Affairs v. Boresi, 396 S.W.3d 356, 359 n.1 (Mo. banc 2013), that a circuit court’s

practice of issuing a summons in lieu of a preliminary writ is not authorized by Rule 94. Writs are extraordinary remedies, and their procedures differ from normal civil actions. The practice of issuing a summons rather than a preliminary order fails to acknowledge the nature of the remedy. Additionally, it requires a response from the…