STATE AUDITOR v. JOINT COMMITTEE

No. 79454.

956 S.W.2d 228 (1997)

STATE AUDITOR, Appellant, v. JOINT COMMITTEE ON LEGISLATIVE RESEARCH, et al., Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing November 25, 1997.


Attorney(s) appearing for the Case

Marc H. Ellinger, Keith A. Thornburg, Jefferson City, for Appellant.

John E. Bardgett, James B. Deutsch, R. Thomas Avery, Jefferson City, for Respondents.


ROBERTSON, Judge.

In this case, we consider whether article II, section 1 of the Missouri Constitution, which divides Missouri government into "three distinct departments," permits the legislative department to conduct a management audit of an executive department agency pursuant to sections 23.150, 23.160 and 23.170, RSMo 1994.

The trial court sustained the legislature's claim of authority. This appeal followed...

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