Section 13.5 Lack of Adequate Remedy and Effectiveness of Remedy

• Library: App 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...