Section 13.5 Lack of Adequate Remedy and Effectiveness of Remedy

LibraryApp Ct Prac 2015 Supp

3. (§13.5) Lack of Adequate Remedy and Effectiveness of Remedy

Even if a person has a statutory or other right to the relief sought, mandamus is not necessarily the proper remedy. First, there must be no other effective remedy available. State ex rel. KelCor, Inc. v. Nooney Realty Trust, Inc., 966 S.W.2d 399, 402 (Mo. App. E.D. 1998). In State ex rel. Freeway Media, L.L.C. v. City of Kansas City, 14 S.W.3d 169 (Mo. App. W.D. 2000), for example, the relator sought to challenge the City’s refusal to issue permits for the erection of billboards. The court set aside a default judgment against the City for declaratory judgment and in mandamus because the relator failed to seek judicial review of the decision to refuse the permits through administrative review procedures available by statute. See also Shelton v. Farr, 996 S.W.2d 541 (Mo. App. W.D. 1999) (same); State ex rel. St. Joseph Hosp. v. Fenner, 726 S.W.2d 393, 395 (Mo. App. W.D. 1987) (mandamus not available to enforce contractual rights).

Similarly, even if the court concludes that the relator has shown the existence of a clearly established right to the relief sought, it may, nevertheless, exercise its discretion to refuse to issue the writ. The writ is not one to which any party has a right, and the court may, in its discretion, refuse to issue the writ because to do so would be futile, State ex rel. Hermitage R-IV Sch. Dist. v. Hickory County R-I Sch. Dist., 558 S.W.2d 667, 670 (Mo. banc 1977) (writ to compel payment of judgment denied because respondent proved it had no money to pay), or because there are other reasons unrelated to the right sought to be enforced that make issuance inadvisable, State ex rel. Meyer v. Ravenhill, 20 S.W.3d 543 (Mo. App. W.D. 2000) (relator may be able to establish right to discovery of records but the...

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