Section 19 Enforcement and Control of Administrative Action by Mandamus

• Library: Administrative Law 2011

While the writ of mandamus may be directed to private corporations and lower courts, the principal application of the remedy is to enforce an established legal right by compelling a public officer or agency to perform a ministerial duty imposed by law. State ex rel. Sikeston R-VI Sch. Dist. v. Ashcroft, 828 S.W.2d 372, 377 (Mo. banc 1992). This includes the use of mandamus to compel administrative bodies to perform duties arising from the court’s interpretation of the United States and Missouri Constitutions. SeeMo. Coal. for Env’t v. Joint Comm. on Admin. Rules, 948 S.W.2d 125 (Mo. banc 1997).

In State ex rel. Bunker Resource Recycling & Reclamation, Inc. v. Mehan, 782 S.W.2d 381, 389 (Mo. banc 1990), the Supreme Court held that a writ of mandamus was the...