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Missouri Eastern Appellate Court

Missouri

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Case Information

Filed 2023-02-10
Type Ap Petition For Review
Docket 62 entries

Docket Entries

  1. Citation 677 S.W.3d 594
  2. Notice-Exhibit Pickup/Retrieve
  3. Case Disp- Opin & Mandate Sent
  4. Clerk Remark VOTE
  5. Other Result Decision as to Nexgen Silica, LLC Affirmed; Cross-Appeal as to Operation Sand, LLC Dismissed.
  6. Signed Majority Opinion
  7. Case Submitted Scheduled For: 09/06/2023; DIVISION 3; EASTERN DISTRICT CT OF APPEALS
  8. Waiver Respondent DNR Waiver of Oral Argument; Electronic Filing Certificate of Service. Filed By: JASON KROL LEWIS On Behalf Of: MISSOURI DEPARTMENT OF NATURAL RESOURCES
  9. Suggestions in Opposition to Motion to Strike; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC Associated Entries: 08/30/2023 - Motion to Strike +
  10. Taken with Case ANY RESPONSE TO THE MOTION IS DUE ON OR BEFORE 9/06/2023. Associated Entries: 08/30/2023 - Motion to Strike +
  11. Motion to Strike Points V and VI of Respondent/Cross Appellants Reply Brief; Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC Associated Entries: 08/31/2023 - Taken with Case + Associated Entries: 09/04/2023 - Suggestions in Opposition +
  12. Note to Clerk eFiling Filed By: STEPHEN G JEFFERY
  13. Respondent/Appellant's Brief Operation Sand LLCs Reply Brief; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC
  14. Granted Until AUGUST 4, 2023 Associated Entries: 07/17/2023 - Mot Ext Time File Reply Brf +
  15. Mot Ext Time File Reply Brf Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC Associated Entries: 07/18/2023 - Granted Until +
  16. Respondent's Brief MO Dept of Natural Resources: Electronic Filing Certificate of Service. Filed By: TIMOTHY P DUGGAN On Behalf Of: MISSOURI DEPARTMENT OF NATURAL RESOURCES
  17. Appendix Filed Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC
  18. Appellant's Reply Brief Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC
  19. Case Docketed DIVISION 3: Page, Lisa P., P.J.; Gaertner, Gary M., Jr., J.; Quigless, Angela T., J. September 6, 2023 ***dkt attached****
  20. Taken with Case Associated Entries: 06/08/2023 - Motion for Attorney Fees +
  21. Suggestions in Opposition Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC Associated Entries: 06/08/2023 - Motion for Attorney Fees +
  22. Filing Correspondence to Clerk; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC
  23. Motion for Attorney Fees Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC Associated Entries: 06/15/2023 - Suggestions in Opposition + Associated Entries: 06/16/2023 - Taken with Case
  24. Appendix Filed Appendix Vol II; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC
  25. Appendix Filed Appendix Vol I; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC
  26. Resp/Cross Appellant's Brief Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC
  27. Filing Letter to the Clerk in Response to Appellants Brief; Electronic Filing Certificate of Service. Filed By: CHRIS ALAN WENDELBO On Behalf Of: MISSOURI MINING COMMISSION, MISSOURI DEPARTMENT OF NATURAL RESOURCES
  28. Filing of Information Letter to Clerk in Response to Nexgens Brief; Electronic Filing Certificate of Service. Filed By: TIMOTHY P DUGGAN On Behalf Of: MISSOURI MINING COMMISSION, MISSOURI DEPARTMENT OF NATURAL RESOURCES
  29. Req for Oral Argument Filed Request for Oral Argument; Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC
  30. Req for Oral Argument Filed REQUEST FOR ORAL ARGUMENT; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC
  31. Case Screened- Regular Any party wanting oral argument must respond to this notice within 10 days.
  32. Entry of Appearance Filed Electronic Filing Certificate of Service. Filed By: CHRIS ALAN WENDELBO On Behalf Of: MISSOURI MINING COMMISSION
  33. Appendix Filed Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC
  34. Appendix Filed Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC
  35. Appellant's Brief Electronic Filing Certificate of Service. Filed By: JENNIFER GRIFFIN On Behalf Of: NEXGEN SILICA, LLC
  36. Record on Appeal ROA Volume 56; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  37. Record on Appeal ROA Volume 53; ROA Volume 54; ROA Volume 55; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  38. Record on Appeal ROA Volume 50; ROA Volume 51; ROA Volume 52; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  39. Record on Appeal ROA Volume 47; ROA Volume 48; ROA Volume 49; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  40. Record on Appeal ROA Volume 44; ROA Volume 45; ROA Volume 46; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  41. Record on Appeal ROA Volume 41; ROA Volume 42; ROA Volume 43; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  42. Record on Appeal ROA Volume 33; ROA Volume 34; ROA Volume 35; ROA Volume 36; ROA Volume 37; ROA Volume 38; ROA Volume 39; ROA Volume 40; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  43. Record on Appeal ROA Volume 26; ROA Volume 27; ROA Volume 28; ROA Volume 29; ROA Volume 30; ROA Volume 31; ROA Volume 32; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  44. Record on Appeal ROA Volume 23; ROA Volume 24; ROA Volume 25; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  45. Record on Appeal ROA Volume 20; ROA Volume 21; ROA Volume 22; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  46. Record on Appeal ROA Volume 17; ROA Volume 18; ROA Volume 19; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  47. Record on Appeal ROA Volume 10; ROA Volume 11; ROA Volume 12; ROA Volume 13; ROA Volume 14; ROA Volume 15; ROA Volume 16; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  48. Record on Appeal ROA Volume 7; ROA Volume 8; ROA Volume 9; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  49. Record on Appeal ROA Volume 4; ROA Volume 5; ROA Volume 6; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  50. Record on Appeal Record on Appeal; ROA Volume 1; ROA Volume 2; ROA Volume 3; Electronic Filing Certificate of Service. Filed By: WILLIAM FREDERICK HENRY DUNKER On Behalf Of: MISSOURI MINING COMMISSION
  51. Granted Until MARCH 20, 2023 Associated Entries: 03/14/2023 - Mot Ext Time to File ROA +
  52. Mot Ext Time to File ROA Electronic Filing Certificate of Service. Filed By: TIMOTHY P DUGGAN On Behalf Of: MISSOURI DEPARTMENT OF NATURAL RESOURCES Associated Entries: 03/14/2023 - Granted Until +
  53. Taken with Case Per Court Order dated Feb. 23, 2023. Associated Entries: 02/17/2023 - Motion for Dismissal +
  54. Court Order Issued This consolidated appeal arises from the decision of Respondent, the Department of Natural Resources, to issue a mining permit to Nexgen Silica, LLC. Thereafter, Operation Sand,. LLC challenged the permit before the Missouri Mining Commission through a contested case hearing via the Administrative Hearing Commission (AHC). After the AHC recommended that the Mining Commission vacate the permit, the Mining Commission adopted parts of the AHC's recommendation, rejected other parts, and issued a decision ultimately vacating the mining permit. Operation Sand and Nexgen Silica have both filed petitions for judicial review of the Mining Commission's decision. Respondent has filed a motion to dismiss Operation Sand's petition for judicial review (ED111424). In the motion to dismiss, Respondent claims that Operation Sand is not an aggrieved party because it obtained the relief it sought when the Mining Commission vacated the permit. Operation Sand has filed suggestions in opposition, in which it argues that it was not granted all the relief sought before the Mining Commission. Citing case law examples, Operation Sand maintains that a party may appeal an administrative decision to the extent the decision was unfavorable to said party's position. Respondent's motion to dismiss is ordered taken with the case. The parties may address this issue further in their respective briefs. The record on appeal remains due on March 13, 2023.
  55. Suggestions in Opposition to Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: STEPHEN G JEFFERY On Behalf Of: OPERATION SAND, LLC Associated Entries: 02/17/2023 - Motion for Dismissal +
  56. Motion for Dismissal Electronic Filing Certificate of Service. Filed By: TIMOTHY P DUGGAN On Behalf Of: MISSOURI DEPARTMENT OF NATURAL RESOURCES Associated Entries: 02/21/2023 - Suggestions in Opposition + Associated Entries: 02/23/2023 - Taken with Case +
  57. Cases Consol Under this Case *ED111424 IS LEAD CASE* **ED111428 IS TRAILER CASE**
  58. On Courts Own Motion ON THE COURT'S OWN MOTION, Appeal Nos. ED111424, and ED111428 are consolidated. All future filings are to be in Appeal No. ED111424. APPELLANT NEXGEN SHALL FILE THE FIRST BRIEF. ALL OTHER SHALL BE FILED IN ACCORDANCE OF RULE 84.04(i).
  59. Acknowledgement Letter Sent
  60. Filing Fee Paid Filed By: STEPHEN G JEFFERY
  61. Filing Info Sheet eFiling Filed By: STEPHEN G JEFFERY
  62. Note to Clerk eFiling Filed By: STEPHEN G JEFFERY

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