Section 4 Agency Actions in Excess of or Without Jurisdiction
Library | Administrative Law 2011 |
Prohibition may be available against an administrative agency under the following circumstances:
When a judicial or quasi-judicial body lacks personal jurisdiction over a party or lacks jurisdiction over the subject matter the body is asked to adjudicate
When a lower tribunal lacks the power to act as contemplated
In limited cases, when absolute irreparable harm may come to a litigant if some spirit of justifiable relief is not made available in response to the action of the agency and an important question of law is decided erroneously that would otherwise escape review on appeal
State ex rel. Rosenberg v. Jarrett, 233 S.W.3d 757, 760 (Mo. App. W.D. 2007); State ex rel. Riverside Joint Venture v. Mo. Gaming Comm’n, 969 S.W.2d 218, 221 (Mo. banc 1998).
Perhaps the clearest case for issuance of the writ of prohibition against an administrative agency is when the agency lacks subject matter jurisdiction over the matter before it. State ex rel. Noranda Aluminum, Inc. v. Rains, 706 S.W.2d 861, 862 (Mo. banc 1986); see, e.g., Sw. Bell Tel. Co. v. Mo. Comm’n on Human Rights, 863 S.W.2d 682, 684 (Mo. App. E.D. 1993) (a writ of prohibition was issued to terminate the agency’s action on complaints untimely filed with the Missouri Commission on Human Rights). But see also Scott County Reorganized R-6 Sch. Dist. v. Mo. Comm’n on Human Rights, 872 S.W.2d 892, 894
(Mo. App. S.D. 1994) (alleged error in allowing an amendment of complaint should be addressed by appeal rather than by prohibition when § 213.075.16, now RSMo 2000, provides for appeal under Chapter 536, RSMo, of decisions of the Missouri Commission on Human Rights).
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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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