Patricia Breckenridge , Judge . The director of the department of revenue appeals a decision of the administrative hearing commission ("AHC") reversing the director's denial of an application for a sales tax refund. The director asserts the AHC erroneously ruled David and Jill Kehlenbrink were entitled to a refund of all the sales tax they paid after their purchase of a new vehicle. Specifically, the director claims that, in calculating the sales tax owed on the Kehlenbrinks' newly...
Mary R. Russell , Judge . The issue to be decided in these two cases is whether a jail board bill may be taxed as "court costs" in criminal cases. In both cases, the circuit courts overruled motions to retax costs after each movant had his board bill taxed as costs against him by the circuit court. Because no statutory authority exists to treat jail board bills as court costs, the circuit courts' rulings are reversed and the cases are remanded. Background Richey George Richey pleaded...
Laura Denvir Stith , Judge . Defendants, the Missouri Department of Labor and former director of the Division of Workers' Compensation, Brian May, appeal the jury verdict awarding Matthew Vacca actual and punitive damages, including substantial future lost wages, on his claim that he was retaliated against for filing a complaint with the Missouri Commission on Human Rights (MCHR) and Equal Employment Opportunity Commission (EEOC) alleging disability discrimination. Defendants make numerous...
George W. Draper, III , Judge . Harold Lampley (hereinafter, "Lampley") and Rene Frost (hereinafter, "Frost") appeal from the circuit court's grant of summary judgment in favor of the Missouri Commission on Human Rights (hereinafter, "the Commission") on their consolidated allegations of violations of the Missouri Human Rights Act, section 213.010 et seq., RSMo 2000 (hereinafter, "the Act"). 1 The circuit court's judgment is reversed, and the case is remanded. 2 Factual and Procedural...
Paul C. Wilson , Judge . Relator, Jennifer Henderson ("Henderson"), petitions this Court for a writ of mandamus directing Respondent, the Honorable Jodie Asel ("Respondent"), to enter a judgment in Henderson's case against the Business Loop Community Improvement District, Tom May, and Carrie Gartner ("Defendants"). This Court has the authority to issue original remedial writs pursuant to article V, section 4.1 of the Missouri Constitution. The preliminary writ of mandamus is now made...
W. Brent Powell , Judge . The board of regents of Harris-Stowe State University appeals the circuit court's judgment following a jury verdict. The jury found Harris-Stowe liable on Dr. Shereen Kader's claims of national origin discrimination and retaliation under the Missouri Human Rights Act after Harris-Stowe declined to renew Dr. Kader's teaching contract. The jury awarded Dr. Kader $750,000 in actual damages and $1.75 million in punitive damages. On appeal, Harris-Stowe claims the...
W. Brent Powell , Judge . Myron Green Corporation petitions for review of the administrative hearing commission's decision finding Myron Green liable for sales tax on food sold to employees of the Federal Reserve Bank of Kansas City in the bank's on-site cafeteria. Because Myron Green regularly sold food in the on-site cafeteria "to the public" as this term is used in Missouri's revenue code, and the bank's sales tax exemption does not extend to its individual employees, the commission's...
