Section 9 Justiciable Controversy

LibraryAdministrative Law 2011

When an administrative agency in a mandamus or prohibition case complies with the relator’s demands that are the subject of the writ petition before the court’s determination of the case, no justiciable controversy remains, and the petition should be dismissed. State ex rel. County of Jackson v. Mo. Pub. Serv. Comm’n, 985 S.W.2d 400, 403 (Mo. App. W.D. 1999). In County of Jackson, the court ruled that a petition for mandamus and prohibition filed by Jackson County to compel the PSC (Public Service Commission) to permit the county to represent residents of the...

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