Section 8 Standing

• Library: Administrative Law 2011

Section 536.100, RSMo Supp. 2010, provides that “[a]ny person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review thereof.”

Standing is a threshold requirement; without it, a court has
no power to grant the relief requested. Querry v. State Highway
& Transp. Comm’n, 60 S.W.3d 630, 634 (Mo. App. W.D. 2001). Lack of standing cannot be waived, and it may be considered
sua sponte.Id. Without standing, a court has no power to grant the relief requested. Columbia Sussex Corp. v. Mo. Gaming Comm’n, 197 S.W.3d 137, 140 (Mo. App. W.D. 2006). The concept of standing, as applied to administrative actions, requires a party seeking relief to demonstrate that:

it has a specific and legally cognizable interest in the subject matter of the administrative action; and

it has been directly and substantially affected by it.

Id.at 141; see also:

State ex rel. Christian Health Care of Springfield, Inc. v. Mo. Dep’t of Health & Senior Servs., 229 S.W.3d 270,
275–76 (Mo...