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(Download) "State Ex Rel. v. Elvin Boone" by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free

State Ex Rel. v. Elvin Boone

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eBook details

  • Title: State Ex Rel. v. Elvin Boone
  • Author : Western District Court of Appeals of Missouri
  • Release Date : January 23, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

This matter comes before us after the Circuit Court of Jackson County granted a motion for summary judgment in favor of the Missouri Air Conservation Commission (""MACC""), and Missouri Department of Natural Resources (""MDNR""), and denied the competing motion for summary judgment of appellant Elvin Boone, d/b/a Inter City Metals (""ICM""). The questions presented by the motions and on appeal are whether respondents had standing to bring their action in the circuit court without a prior administrative proceeding and whether respondents had authority to require the air quality testing it ordered appellant to perform. When considering the appeal of the granting of a summary judgment motion, the Court will review the record in the light most favorable to the party against whom judgment is sought. State ex rel. Conway v. Villa, 847 S.W.2d 881, 886 (Mo. App. 1993). The parties agree that there is no factual dispute presented by this case; the question before us is whether the trial court correctly applied the law to the following facts.


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