Carmack v. Missouri Department of Agriculture

PATRICIA BRECKENRIDGE, Judge.

Richard Carmack, part owner and operator-agent for all owners of Carmack Elk Farm, appeals the trial court’s refusal to grant his petition for writ of mandamus and the court’s judgment in which it declared, pursuant to § 267.610, RSMo 1986, 1 the actual value of Mr. Carmack’s slaughtered elk for indemnification purposes. This court finds that (1) the trial court correctly concluded that an appraisal of the elk’s actual value pursuant to § 267.610 must take into consideration the fact that the elk were exposed to or infected with tuberculosis; (2) the trial court…