State Ex Rel. Missouri Growth Ass'n v. State Tax Commission
Supreme Court of Missouri
1ConcurrenceHolstein, Judge
I fully concur in the majority opinion. But even assuming some ministerial duty to issue regulations exists, mandamus is not available. Relators’ brief includes what I believe is a significant misunderstanding of Missouri law that was apparently relied on by the trial court. This misapprehension has to do with relators’ standing to seek mandamus.
Standing to bring mandamus has an exceedingly low threshold. But having standing in mandamus requires more than being a citizen interested in good government, as relators claim. It is fundamental to the concept of standing that the relators must have…
2Cases cited5 opinions
- Raines v. ByrdSupreme Court of the United States · 1997
- State ex rel. Twenty-Second Judicial Circuit v. JonesSupreme Court of Missouri · 1992
- Missouri Coalition for the Environment v. Joint Committee on Administrative RulesSupreme Court of Missouri · 1997
- State Ex Rel. Taylor v. WadeSupreme Court of Missouri · 1950
- State ex rel. J.C. Nichols Co. v. BoleySupreme Court of Missouri · 1993