Section 3 Criteria for Application of Writ of Prohibition

LibraryAdministrative Law 2011

The traditional requirements for obtaining a writ of prohibition set forth the following conditions for application of the remedy:

The absence or lack of jurisdiction in the tribunal before which a matter is pending

The lack of an adequate remedy at law by way of appeal

State ex rel. Pub. Serv. Comm’n v. Bonacker, 906 S.W.2d 896, 897 (Mo. App. S.D. 1995); State ex rel. Munn v. McKelvey, 733 S.W.2d 765, 771 (Mo. banc 1987). A trial court issuing a writ of prohibition against an administrative body must find...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT