STATE v. STATE BD. OF EDUC.

No. WD 76828.

438 S.W.3d 437 (2014)

STATE of MO ex rel SAINT LOUIS CHARTER SCHOOL, Appellant, v. STATE BOARD OF EDUCATION, and Department of Elementary and Secondary Education, and Special Administrative Board of the Transitional School District of the City of St. Louis, Respondents.

Missouri Court of Appeals, Western District.

August 5, 2014.


Attorney(s) appearing for the Case

Jay A. Summerville , St. Louis, MO, for appellant.

James R. Layton , Jefferson City, MO, for respondents.

Before Division Three: GARY D. WITT, Presiding Judge, JOSEPH M. ELLIS, Judge and THOMAS H. NEWTON, Judge.


GARY D. WITT, Judge.

This is an appeal from the trial court's grant of summary judgment in favor of the Department of Elementary and Secondary Education and State Board of Education against the St. Louis Charter School. We conclude that the trial court erroneously declared and applied the law when it granted summary judgment to the State. Implicit in its grant is an interpretation of section 160.415.51 that is erroneous.

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