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· 11/9/1982

State Tax Commission v. Administrative Hearing Commission

Citations

  • 641 S.W.2d 69
  • 1982 Mo. LEXIS 414

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • administrative actions taken without subject matter jurisdiction, such as order purporting to give declaratory judgment, are void
  • administrative actions taken without subject matter jurisdiction, such as order purporting to give declaratory judgment, are void
  • the power to declare an administrative rule invalid is a purely judicial function and cannot be delegated to an administrative agency
  • “The declaration of the validity or invalidity of statutes and administrative rules thus is purely a judicial function.”
  • separation of powers “prevent[s] the abuses that can flow from centralization of power”

Source: CourtListener parenthetical corpus (CC0).

Judges: Welliver, Donnelly, Rendlen, Seiler, Higgins, Morgan, Gunn, Billings

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.