Legal Opinion

Larry Johnston and Gloria Gay Johnston v. Livingston County Commission

Missouri Court of Appeals

Decided June 9, 2015No. WD78197PublishedCited by 6 opinions

1Opinion of the CourtKaren King Mitchell, Judge

This appeal follows the circuit court’s reversal of the Livingston County Commission’s entry of a Public Nuisance Order against Larry and Gloria Johnston. Because of the parties’ and the circuit court’s failure to abide by the requirements of the Missouri Administrative Procedure Act (MAPA), we vacate the circuit court’s judgment and remand the matter for further proceedings consistent with this opinion.

Background

On May 11, 2011, the Missouri Legislature passed Senate Bill 187, which amended § 67.402.1(6) 1 to allow “[a]ny county of the third classification with a township form of government…

2Cases cited12 opinions

  1. City of Valley Park v. ArmstrongSupreme Court of Missouri · 2009
  2. Union Electric Co. v. Cuivre River Electric Cooperative, Inc.Missouri Court of Appeals · 1978
  3. Boyer v. City of PotosiMissouri Court of Appeals · 2000
  4. Sullivan County v. State Tax Commission of MissouriSupreme Court of Missouri · 1974
  5. Derleth v. DerlethMissouri Court of Appeals · 2014

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3Cited by6 opinions

  1. Hallam v. Mo. Dep't of Soc. Servs.Missouri Court of Appeals · 2018
  2. In RE Trenton Farms RE, LLC, Permit NO. MOGS10520 Missouri Department of Natural Resources and Missouri Clean Water Commission v. Hickory Neighbors United, Inc.Missouri Court of Appeals · 2019
  3. In the matter of the petition of Missouri-American Water Company for approval to change its infrastructure system replacement surcharge (ISRS), Missouri Public Service Commission v. Office of Public CounselMissouri Court of Appeals · 2016
  4. Katherine Sovulewski v. Missouri State Board of NursingMissouri Court of Appeals · 2022
  5. Kenya Walzer v. Missouri Board of NursingMissouri Court of Appeals · 2024

1 more not listed; retrieve them via the Exa API.

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