State v. Dolan, No. SC 92717.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtZEL M. FISCHER
Citation398 S.W.3d 472
Docket NumberNo. SC 92717.
Decision Date28 May 2013
PartiesSTATE of Missouri ex rel. Velma P. JACKSON and Alicia D. Seabaugh, Co–Trustees of the Lyle James Lambert a/k/a James Lyle Lambert and Jessie P. Lambert Family Trust Dated October 27, 2010, Relators, v. The Honorable David A. DOLAN, Respondent.
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34 practice notes
  • State v. Nathan, SC 95473
    • United States
    • United States State Supreme Court of Missouri
    • 11 Julio 2017
    ...Court's holdings regarding the Eighth Amendment's prohibition against cruel and unusual punishment. See State ex rel. Jackson v. Dolan, 398 S.W.3d 472, 478 (Mo. banc 2013) ; see also Burnett v. State, 311 S.W.3d 810, 814 n.3 (Mo. App. 2009) ("Section 21 of the Missouri Constitution provides......
  • State v. Brandolese, SC 97697
    • United States
    • United States State Supreme Court of Missouri
    • 30 Junio 2020
    ...and ordinary meaning whenever possible." State v. Johnson , 524 S.W.3d 505, 510 (Mo. banc 2017) (quoting State ex rel. Jackson v. Dolan , 398 S.W.3d 472, 479 (Mo. banc 2013) ). "This Court must presume every word, sentence or clause in a statute has effect, and the legislature did not inser......
  • St. Louis Cnty. v. River Bend Estates Homeowners' Ass'n, SC 92470.
    • United States
    • United States State Supreme Court of Missouri
    • 10 Septiembre 2013
    ...government, the county has been delegated the power of eminent domain by the legislature. [408 S.W.3d 138]State ex rel. Jackson v. Dolan, 398 S.W.3d 472, 476 (Mo. banc 2013). As such, the county has “no inherent powers but [is] confined to those expressly delegated by the sovereign and to t......
  • Labrayere v. Bohr Farms, LLC, SC 93816
    • United States
    • United States State Supreme Court of Missouri
    • 14 Abril 2015
    ...use and a private use is not based on actual use or occupation of the property by the public. State ex rel. Jackson, et al. v. Dolan, 398 S.W.3d 472, 476 (Mo. banc 2013). The fact that private parties benefit from a taking does not eliminate the public character of the taking so long as the......
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19 cases
  • St. Louis Cnty. v. River Bend Estates Homeowners' Ass'n, No. SC 92470.
    • United States
    • United States State Supreme Court of Missouri
    • 10 Septiembre 2013
    ...government, the county has been delegated the power of eminent domain by the legislature. [408 S.W.3d 138]State ex rel. Jackson v. Dolan, 398 S.W.3d 472, 476 (Mo. banc 2013). As such, the county has “no inherent powers but [is] confined to those expressly delegated by the sovereign and to t......
  • Labrayere v. Bohr Farms, LLC, No. SC 93816
    • United States
    • United States State Supreme Court of Missouri
    • 14 Abril 2015
    ...use and a private use is not based on actual use or occupation of the property by the public. State ex rel. Jackson, et al. v. Dolan, 398 S.W.3d 472, 476 (Mo. banc 2013). The fact that private parties benefit from a taking does not eliminate the public character of the taking so long as the......
  • State v. Johnson, No. SC 95481.
    • United States
    • United States State Supreme Court of Missouri
    • 22 Agosto 2017
    ...that words should be given their plain and ordinary meaning whenever possible." 524 S.W.3d 511 State ex rel. Jackson v. Dolan , 398 S.W.3d 472, 479 (Mo. banc 2013) (internal quotations omitted). This Court may not add language to an unambiguous statute. State v. Collins , 328 S.W.3d 705, 70......
  • Jefferson v. Mo. Baptist Med. Ctr., No. ED 99895.
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • 19 Agosto 2014
    ...section of Chapter 538, we would be bound to apply that definition of “employee” to 538.210.2(3). See State ex rel. Jackson v. Dolan, 398 S.W.3d 472, 479 (Mo. banc 2013) (“[T]he lawmaking body's own construction of its language by means of definition of the terms employed should be followed......
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