State Ex Rel. Noranda Aluminum, Inc. v. Rains

I concur in the exposition of the legal principles governing the issuance of original remedial writs (Mo. Const., Art. Y, § 4.1), but see no reason to perpetuate the unwise and overexpansive pronouncements of State ex rel. Morasch v. Kimberlin, 654 S.W.2d 889 (Mo. banc 1983). I adhere to the views expressed in my Concurring Opinion in that case. Missouri courts, over the years, have exercised discretion in issuing original remedial writs, when persuaded that no other remedy is adequate. In so doing they have acted in accord with the letter and spirit of the Constitution. Morasch ignored…