Administrative : Residential Facility – Appellate Review – Dismissal Of Petition

Stephanie Maniscalco//March 12, 2015

Where a residential care facility in a dispute with the Department of Natural Resources over the deactivation of the facility’s water system challenged the administrative hearing commission’s dismissal of its petition, the commission lacked statutory jurisdiction to provide administrative review of the DNR’s refusal to give a deactivation letter, and the facility did not challenge that holding, so nothing was preserved for appellate review, and the trial court did not err in dismissing the facility’s petition for failure to state a claim because the facility failed to provide any legal authority creating a right to the deactivation letter at issue.

Judgment is affirmed.

Whispering Oaks Residential Facility, LLC v. Department of Natural Resources (MLW No. 67537/Case No. WD77639 – 7 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Cole County, Beetem, J. (Ann M. Konold, Chesterfield, for appellant) (Timothy P. Duggan, Jefferson City, for respondent).

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