{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"pms-4583-llc","displayName":"PMS 4583 LLC","totalCases":1},"cases":[{"caseId":"moappd:ed109696:2021-12-14","opinionId":"3d65f4c0-c258-5c0d-bdd1-7d001fbfa9f6","slug":"pms-4583-llc-appellant-v-city-of-new-melle-respondent-109696","caseName":"PMS 4583 LLC, Appellant, vs. City of New Melle, Respondent.","caseNumber":"ED109696","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2021-12-14","year":2021,"display_summary":"PMS 4583 LLC appealed the circuit court's dismissal of its declaratory-judgment claim against the City of New Melle, which arose from the City's Board of Aldermen denying a rezoning application. The circuit court had dismissed the claim, finding that a declaratory judgment was unavailable for judicial review of administrative zoning actions and that a writ of certiorari under Section 89.110 was required. The appellate court reversed, holding that the Board of Aldermen's decision was a legislative act, not an administrative one, and therefore Section 89.110 did not apply, making a declaratory judgment under Section 536.150 the proper avenue for review. The case was remanded for further proceedings.","primaryTopic":"administrative-law","topicSlugs":["administrative-law","civil-procedure","property-real-estate","appellate-procedure"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=182642","detailUrl":"https://ott.law/missouri-courts/opinions/pms-4583-llc-appellant-v-city-of-new-melle-respondent-109696","relatedPracticeAreas":[{"slug":"real-estate","label":"Real Estate","href":"/practice-areas/real-estate","score":12,"source":"topic","evidence":["topic: property-real-estate"],"url":"https://ott.law/practice-areas/real-estate"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: civil-procedure","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":4,"source":"text","evidence":["text: llc"],"url":"https://ott.law/practice-areas/corporate"}],"role":"appellant"}]}