Section 35 Scope of Review by the Court of Appeals

• Library: Administrative Law 2011

Although the case is taken as an appeal of the lower court’s decision, it is the decision of the PSC, not the judgment of the circuit court, that is the actual subject of review. State ex rel. Marco Sales, Inc. v. Pub. Serv. Comm’n, 685 S.W.2d 216 (Mo. App. W.D. 1984). The standard of review, as it was below, is the lawfulness and reasonableness of the PSC’s “[R]eport and [O]rder.” State ex rel. City of St. Joseph v. Pub. Serv. Comm’n, 713 S.W.2d 593 (Mo. App. W.D. 1986). See §9.27, supra. In determining...