Opinion
ED110298
12-13-2022
DARRYL L. WILLIAMS, Respondent, v. CITY OF KINLOCH, and THE BOARD OF ALDERMEN OF THE CITY OF KINLOCH, Appellants.
Attorney for Appellant: Christopher B. Bent Attorney for Respondent: Donnell Smith
THIS SUMMARY IS NOT PART OF THE OPINION OF THE COURT. IT HAS BEEN PREPARED FOR THE CONVENIENCE OF THE READER AND SHOULD NOT BE QUOTED OR CITED.
Appeal from the Circuit Court of St. Louis County Cause No. 19SL-CC02824 Honorable Nancy Watkins McLaughlin
Attorney for Appellant: Christopher B. Bent
Attorney for Respondent: Donnell Smith
OPINION
Cristian M. Stevens, J.
The City of Kinloch's Board of Aldermen (Kinloch) impeached Darryl L. Williams and removed him from the office of mayor. Forty-eight days after his counsel received an email from Kinloch giving him notice of its decision, Williams filed a petition for judicial review pursuant to Section 536.110. Kinloch moved to dismiss Williams's petition because it was untimely and the trial court lacked authority to consider it. The trial court did not dismiss Williams's petition and, instead, reversed Kinloch's impeachment and removal of Williams.
REVERSED.
Division Three Holds: The uncontroverted facts show that Williams's counsel received notice of Kinloch's decision to impeach and remove him via Kinloch's email of May 28, 2019. Pursuant to Section 536.110, petitions for judicial review are due to be filed within 30 days after the mailing or delivery of notice of the agency's decision. Williams did not file his petition for judicial review until July 15, 2019, 48 days after Kinloch's email to Williams's counsel. Kinloch's email constituted "mailing or delivery" of notice of the Board's decision pursuant to Section 536.110.1. The circuit court erred in not dismissing Williams's petition as untimely.
Gary M. Gaertner, Jr, PJ, and John P Torbitzky, J, concur