Supreme Court of Missouri / Jul 20, 2023
State of Missouri ex rel. Department of Natural Resources, Petitioner, vs. Fowler Land Company, Inc., and Margaret Leist Revocable Trust, Sandy Runnels and Linda Henderson, Trustees, Respondents.
The Missouri Department of Natural Resources sought judicial review of the Missouri Mining Commission's decision to award attorney fees and expenses to Fowler Land Company, Inc. and the Margaret Leist Revocable Trust (Landowners) after they prevailed in prior litigation. The core dispute centered on the timeliness of Landowners' fee application under section 536.087, RSMo. The Missouri Supreme Court reversed the Commission's decision, holding that Landowners' fee application was untimely because the thirty-day statutory deadline was triggered by the circuit court's June 12, 2015, judgment, not a later administrative order.