Section 18 No Adequate Alternative Remedy

LibraryAdministrative Law 2011

The final requirement for relief by mandamus is the absence of an adequate alternative remedy. State ex rel. J.S. Alberici, Inc. v. City of Fenton, 576 S.W.2d 574, 579 (Mo. App. E.D. 1979). Mandamus will not issue when there is another adequate remedy available to the relator. State ex rel. Comm’rs of State Tax Comm’n v. Schneider, 609 S.W.2d 149, 151 (Mo. banc 1980). As an extraordinary remedy, a writ of mandamus is reserved for those cases in which no alternative measure will be effective. Shelton v. Farr, 996 S.W.2d 541, 543 (Mo. App. W.D. 1999). Mandamus generally is not available if a specific and adequate remedy by appeal exists. State ex rel. Univ. Bank v. Blair, 285 S.W.2d 678, 679 (Mo. banc 1956). Thus, when the legislature established a statutory scheme for review of challenges to property tax assessments by property owners, mandamus would not lie to compel county officials and the Missouri State Tax Commission to use a particular tax assessment methodology. State ex rel. J.C. Nichols Co. v. Boley, 853 S.W.2d 923, 924 (Mo. banc 1993);
see also State ex rel. Mo. Growth Ass’n v. State Tax Comm’n,
998 S.W.2d 786, 790 (Mo. banc 1999)...

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