Administrative
Regulation Binds Agency
Rule published by agency binds agency that published rule. Agency published regulation that the elements of a claim to alter an existing permit, by constructing any water body, include the consent of certain landowners. Agency purported to grant claim for permit alteration to build new water impoundment structures without the required consent. Agency misapplied the law without applying that regulation.
FOWLER LAND COMPANY, INC., and MARGARET LEIST REVOCABLE TRUST, SANDY RUNNELS and LINDA HENDERSON, Trustees, Petitioners-Appellants vs. MISSOURI DEPARTMENT OF NATURAL RESOURCES, MISSOURI LAND RECLAMATION PROGRAM, ALTERNATE FUELS, INC., CONTINENTAL INSURANCE COMPANY, and CONTINENTAL CASUALTY COMPANY, Respondents-Respondents
Missouri Court of Appeals, Southern District - SD33166
