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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 31 Oct 1980, see footnotebottom

  260.415.  Appeals — other remedies available, costs. — 1.  All final orders and determinations of the commission or the department made pursuant to the provisions of sections 260.350 to 260.430 are subject to judicial review pursuant to the provisions of chapter 536.  All final orders and determinations shall be deemed "administrative decisions" as that term is defined in chapter 536.  No judicial review shall be available, however, unless all administrative remedies are exhausted.

  2.  In any suit filed pursuant to section 536.050 concerning the validity of the commission's standards, rules or regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such standards, rules or regulations and may hear such additional evidence as it deems necessary.

  3.  Nothing in this section or in any other provision of sections 260.350 to 260.430 shall exclude or impair any existing civil or criminal remedy, whether statutory or common law, for any wrongful action, including, but not limited to, actions to enjoin public or private nuisances.  Any person adversely affected in fact by any violation of sections 260.350 to 260.430 or of any rule or regulation promulgated thereunder may sue for injunctive relief against such violation.  The prevailing party in any such action for injunctive relief shall be awarded costs and reasonable attorneys' fees.

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(L. 1977 H.B. 318 § 14, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80


---- end of effective   31 Oct 1980 ----

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