Driver’s License: DWI - Test Refusal - Second Test 
Pruitt v. Director (MLW No. 60306/Case No. WD70414 - 4 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a driver agreed to submit to a breathalyzer test that resulted in a valid reading but she then refused to submit to a blood test, a driver may be required to take both tests, so the [...]
Administrative: Municipal Violation - Jurisdiction - Trial De Novo
City of Springfield v. Belt (MLW No. 60296/Case No. SC90324 - 8 pages)
Where a driver cited for running a red light in violation of a Springfield municipal ordinance requested a trial de novo after his challenge to the citation was rejected by a municipal judge sitting as a hearing examiner at a “contested hearing,” the [...]
Casino wins rehearing, but license still at risk
A court of appeals has sent back for reconsideration a Missouri Gaming Commission resolution stating the President Casino may not move or repair its boat.
Administrative: Gaming Resolution - Judicial Review - Contested Case
President Riverboat Casino, et al. v. Missouri Gaming Commission (MLW No. 60305/Case No. WD71525 - 5 pages)
Where a casino operator sought judicial review of a gaming commission resolution rejecting the operator’s plans to repair, replace or relocate a casino, confusion regarding what the resolution sought to accomplish raises concern that this was a contested case [...]
Driver’s License: Request For Attorney - Implied Consent Law - 20-Minute Rule
Weil v. Director (MLW No. 60253/Case No. ED91753 - 4 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where a driver in a DWI case asked to speak to an attorney before the implied consent law was read to him, according to a recent Missouri Supreme Court case the request was sufficient to invoke the [...]
Public Officers: Public Administrator - Attorney Fees - Probate Cases
France, et al. v. Podleski, et al. (MLW No. 60255/Case No. SD29734 - 7 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Where a public administrator was appointed as the guardian or conservator for the estate of the plaintiffs and the public administrator had oral agreements with two law firms to represent her in probate [...]
Constitutional: Tax Revenue Funding - Appropriation Requirement - Sovereign Immunity
State ex rel. The Kansas City Symphony v. State of Missouri, et al. (MLW No. 60266/Case No. WD70382 - 14 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Where a city symphony brought an action to require the state and its legislature to provide tax revenue funding for an arts fund, the trial court properly [...]
State arts funding isn’t guaranteed, court rules
State appellate judges have deemed unconstitutional a request from the Kansas City Symphony to force the Legislature to transfer money to the Missouri Arts Council Trust Fund.
Taxation: Sales Tax - Electricity Sales - Revenue Law
City of Kansas City v. Director (MLW No. 60193/Case No. WD71019 - 7 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)
Where a city’s aviation department leased airport facilities to tenants, and the Administrative Hearing Commission found that the city was not liable for sales tax on electricity provided by the city to separately-metered tenants, [...]
Public Utilities: Regulatory Laws - Penalty - Development Company
Public Service Commission v. Hurricane Deck Holding Company (MLW No. 60200/Case No. WD70299 - 11 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Where a trial court imposed a $20,000 penalty on a residential development company for illegally holding itself out as a water and sewer utility, the court’s finding was supported by substantial evidence, [...]