State ex rel. Lake Lotawana Development Co. v. Missouri Dept. of Natural Resources, WD
| Decision Date | 28 June 1988 |
| Docket Number | No. WD,WD |
| Parties | STATE of Missouri, ex rel. LAKE LOTAWANA DEVELOPMENT COMPANY, et al., Appellants, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, Respondent. 39911. |
| Court | Missouri Court of Appeals |
Milton B. Edmonson, Greenwood, for appellants.
William L. Webster, Atty. Gen., Robert J. Brundage, Asst. Atty. Gen., Jefferson City, for respondent.
Before NUGENT, P.J., and SHANGLER and TURNAGE, JJ.
Petitioner Lake Lotawana Development Company appeals from the dismissal of its petition in mandamus for failure to exhaust its administrative remedies.
We affirm.
The Lake Lotawana Development Company owns Lake Lotawana and the property surrounding the lake. Adjacent to that property is the Carriage Oaks Housing Development, which is being developed by Bill House Construction Company. That company applied to the Department of Natural Resources for a permit to discharge treated domestic wastewater into Lake Lotawana. They proposed to build a facility to treat that wastewater.
On May 29, 1987, the Department of Natural Resources issued a construction permit that specifies how the treatment facility must be built before the Department of Natural Resources will issue an operating permit.
On June 1, 1987, Lake Lotawana Development Company appealed the issuance of the construction permit to the Missouri Clean Water Commission, and the commission docketed that appeal.
On August 4, Lake Lotawana Development Company filed a petition in the Circuit Court of Cole County for an alternative writ of mandamus. The circuit court issued an alternative writ directing the Department of Natural Resources to revoke the permit.
The Department of Natural Resources filed a motion to dismiss the petition for writ of mandamus for failure to exhaust administrative remedies. On September 17, after a hearing conducted in camera and off the record, the court sustained the motion to dismiss. This appeal followed.
Lake Lotawana Development Company appeals from the circuit court's dismissal of its petition in mandamus for failure to exhaust all administrative remedies. In its brief, petitioner questions the authority of the department to include Lake Lotawana in the definition of "waters of the state," over which the department has jurisdiction. The issue, however, is whether petitioner has an administrative remedy for its complaint. In oral argument before this court, petitioner conceded that the commission had...
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...the MDNR decision "non-final." The case cited by Petitioners to support this argument, State ex rel. Lake Lotawana Development Company v. Missouri DNR, 752 S.W.2d 497, 497-98 (Mo.Ct.App.1988), simply requires plaintiffs to exhaust administrative remedies before seeking judicial review. It d......
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Missouri Coalition for the Environment v. Herrmann
...District reviewed, at the request of a third party, the issuance of a construction permit. See State ex rel. Lake Lotawana Dev. Co. v. Mo. Dep't of Natural Res., 752 S.W.2d 497, 497 (Mo.App.1988). In Lake Lotawana, the lake owner appealed to Commission the issuance of a construction permit ......