Legal Opinion

Big Piney Aggregates, Inc. v. Missouri Highway & Transportation Commission

Missouri Court of Appeals

Decided August 4, 1981No. 43225Published

1Opinion of the Court

CLEMENS, Senior Judge.

The issue here is the circuit court’s role in reviewing an administrative hearing. Here, the court treated the case as one on appeal — rather than one for administrative review — and remanded the case to the *67Highway Commission for rehearing. This was reversible error.

Plaintiff Big Piney Aggregates, Inc., had applied to defendant Highway Commission for relocation damages. The Commission conducted an evidentiary hearing. It awarded plaintiff only $500 on its $90,000-plus claim. Plaintiff applied to the circuit court for review of the award. Sections 536.100 and 536.140,…

2Cases cited4 opinions

  1. Aubuchon v. Gasconade County R-1 School DistrictMissouri Court of Appeals · 1976
  2. Perez v. WebbMissouri Court of Appeals · 1976
  3. Washington Commercial Bank v. BollwerkMissouri Court of Appeals · 1979
  4. Cummins v. State Department of Public Health & WelfareMissouri Court of Appeals · 1972

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