Missouri Department of Natural Resources and St. Louis Composting, Inc. Missouri Cases

Valley Park Properties, LLC appealed the Administrative Hearing Commission's dismissal of its challenge to a water discharge permit issued to St. Louis Composting, Inc. by the Missouri Department of Natural Resources. The Commission dismissed the appeal as untimely, applying a thirty-day statutory limit. The appellate court reversed, holding that an administrative rule allowing an additional three days for appeals when notice is mailed was not in conflict with the statute's "except as otherwise provided by law" clause, thus making Valley Park's appeal timely. The case was remanded for further proceedings and consideration of Valley Park's motion for attorneys' fees.