Section 20 Mandamus Unavailable to Control Exercise of Lawful Agency Discretion

• Library: Administrative Law 2011

Missouri decisional law recognizes that mandamus may not be used to interfere with or attempt to control the exercise of discretion by the executive department when the law vests in the executive branch the right to exercise judgment in a discretionary manner. State ex rel. Mo. Highway & Transp. Comm’n v. Pruneau, 652 S.W.2d 281, 289 (Mo. App. S.D. 1983). In Pruneau, the Circuit Court of Wayne County had issued mandamus to compel members and employees of the Missouri Highway and Transportation Commission to provide personnel and equipment to repair county roads for evacuation and rescue purposes in the aftermath of serious flooding. The Commission filed a prohibition action to prevent enforcement of the peremptory writ of mandamus issued by the...