STATE EX REL. LOHMAN v. BROWN

No. WD 53026.

936 S.W.2d 607 (1997)

STATE ex rel. Janette LOHMAN, Director of the Department of Revenue, Relator, v. Honorable Thomas J. BROWN, III, Respondent.

Missouri Court of Appeals, Western District.

Decided January 14, 1997.


Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Edward F. Downey, Asst. Attorney General, Jefferson City, for Relator.

Tyrone A. Taborn, City Counselor, St. Louis, for Amicus Curiae.

James C. Owen, Chesterfield, for Respondent.

Before SMART, P.J., and LAURA DENVIR STITH and EDWIN H. SMITH, JJ.


SMART, Presiding Judge.

This case involves novel issues related to the authority of a trial court to authorize procedures to assist non-party taxpayers in obtaining refunds of taxes illegally collected. Because we conclude that the trial court in this case has no authority to conduct a de facto class action suit in a refund case, we make our preliminary writ in prohibition permanent.

The issues in this case arise out of an underlying action...

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