Section 30 Writ of Prohibition

• Library: Administrative Law 2011

The second principal type of extraordinary writ available to obtain judicial review of nonfinal agency action is the writ of prohibition. The traditional formula to obtain relief by prohibition contains two elements:

1. An “absence of jurisdiction in the tribunal before which a matter is pending”

2. “[L]ack of an adequate remedy at law by way of appeal”

State ex rel. Lohman v. Pers. Advisory Bd.,948 S.W.2d 701, 703 (Mo. App. W.D. 1997). Historically, prohibitionis described as an extraordinary remedy that is to be used “with great caution and forbearance and only in cases of extreme necessity.” State ex rel. Miss. Lime Co. v. Mo. Air Conservation Comm’n, 159 S.W.3d 376, 383 (Mo. App. W.D. 2004).

Prohibition is not a writ of right, should not be employed for correction of alleged...