Section 34 Standing
Library | Administrative Law 2011 |
Standing issues in administrative law arise primarily in the context of the right to obtain judicial review of administrative action. The general tests for whether a party has standing to contest either legislative or administrative action are essentially identical and require a plaintiff to have an actual and justiciable interest susceptible of protection. State ex rel. Williams v. Marsh,
626 S.W.2d 223, 227 (Mo. banc 1982). A party seeking relief from administrative action must demonstrate a specific and legally cognizable interest in the subject matter of the administrative action, which must be directly and substantially affected by
the challenged action. Metro Auto Auction v. Dir. of Revenue,
707 S.W.2d 397, 400 (Mo. banc 1986). “‘Reduced to its essence, standing roughly means that the parties seeking relief must have some personal interest at stake in the dispute, even if that interest is attenuated[.]’” Columbia Sussex Corp. v. Mo. Gaming Comm’n,197 S.W.3d 137, 140–41 (Mo. App. W.D. 2006) (quoting F.W. Disposal S., LLC v. St. Louis County, 168 S.W.3d 607, 611 (Mo. App. E.D. 2005)). See alsoSte. Genevieve Sch. Dist. R‑II v. Bd. of Aldermen of City of Ste. Genevieve, 66 S.W.3d 6, 10 (Mo. banc 2002).
Standing is a...
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