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...
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- Section 1 Introduction
- Section 2 Purpose of Writ of Prohibition
- Section 3 Criteria for Application of Writ of Prohibition
- Section 4 Agency Actions in Excess of or Without Jurisdiction
- Section 5 Lack of Adequate Remedy at Law by Way of Appeal
- Section 6 Limitations on Judicial Review of Administrative Action by Prohibition
- Section 7 Exhaustion of Administrative Remedies
- Section 8 Standing
- Section 9 Justiciable Controversy
- Section 10 Jurisdiction and Venue
- Section 11 Pleadings, Record, and Briefs
- Section 12 Judgment
- Section 13 Review of Judgment and Standard of Review
- Section 14 Purpose of Writ of Mandamus
- Section 15 Criteria for Application of Writ of Mandamus
- Section 16 Clear, Existing, Unconditional Legal Right in Relator
- Section 17 Corresponding, Present, Imperative, Unconditional Duty of Respondent to Perform Requested Act
- Section 18 No Adequate Alternative Remedy
- Section 19 Enforcement and Control of Administrative Action by Mandamus
- Section 20 Mandamus Unavailable to Control Exercise of Lawful Agency Discretion
- Section 21 Exhaustion of Administrative Remedies
- Section 22 Standing
- Section 23 Jurisdiction
- Section 24 Pleadings, Record, and Briefs
- Section 25 Review of Judgment and Standard of Review
- Section 26 Statutory Mandamus and Prohibition
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