Employment: Removal from Public Office-Due Process

Staff Report//February 4, 2020//

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Defendant appealed from the grant of partial summary judgment in favor of plaintiff in his petition for review of the decision to remove plaintiff as chief of police. On appeal, defendants argued that the trial court erred in finding that plaintiff’s removal proceeding was a contested case and that plaintiff’s due process rights were violated when he was not afforded a hearing.

Where the trial court’s grant of partial summary judgment did not resolve a single, distinct judicial matter, the court lacked authority to hear defendant’s appeal.

Appeal is dismissed.

Halderman v. City of Sturgeon (MLW No. 74439/Case No. WD82668 – 7 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Boone County, Harris, J. (Michael G. Berry and Kimberly J. Zocher-Guthrie, Jefferson City, for appellant) (John A. Hirth, Columbia, for respondents)