Although, Riederer is a named party-appellant, he has no part in this appeal. Furthermore, the right petitioner seeks to enforce must be clearly established and presently existing. In general, mandamus is an extraordinary remedy effective to compel performance of a particular act by one who has an unequivocal duty to perform the act. This litigation grows out of Pershing's contract with Kansas City (City) to redevelop Union Station and the surrounding area. The convoluted factual and procedural posture of this case merits an introductory explanation.
The appellant-relator, Pershing Square Redevelopment Corp., ("Pershing") appeals the trial court's dismissal of its petition for writ of mandamus.Īlthough Pershing raises several points on appeal, the dispositive issue is whether the trial court properly granted the respondent's motion to dismiss. Louise Ellingsworth, Kansas City, for defendant-respondent.īefore LOWENSTEIN, P.J., and SHANGLER and MANFORD, JJ. March, Kansas City, for relator-appellant. Missouri Court of Appeals, Western District. Robert COLLINS, Director of City Development, City of Kansas City, Missouri, Defendant-Respondent. Albert RIEDERER, Jackson County Prosecuting Attorney, ex rel., PERSHING SQUARE REDEVELOPMENT CORPORATION, Relator-Appellant,
This is usually only allowed if the issues presented in the motion to dismiss are things that the other party could legally fix without requiring the case to be refiled.STATE, ex inf. If a plaintiff failed to provide enough legal sufficiency and answers for some part of the civil case or lawsuit to go to trial, a judge might dismiss one part of the complaint but not all of it.ĭepending on the circumstances, instead of a complete case dismissal, the judge might allow a plaintiff to voluntarily dismiss or amend parts of the complaint or lawsuit. If a judge accepts that motion, the entire complaint or some of the counts might be completely dismissed with a court order. In this case, a party can submit a motion to dismiss in accordance with procedural rules. A motion usually asks a judge to take a specific action and start a criminal procedure.Ī motion to dismiss is submitted when one party believes that a claim included in their opposing party’s complaint or counterclaim is legally invalid or is lacking the right evidence to back it up. A formal request is presented in writing by one of the parties involved in the legal issue or legal dispute.
In legal terms and certain lawsuits, anything referred to as a motion is considered a formal request. Counterclaims are allegations of wrongdoing filed by the defendant against the plaintiff in response to the plaintiff’s own accusations. The defendant will move to dismiss the plaintiff’s complaint, and the plaintiff will move to dismiss the defendant’s counterclaims. A motion to dismiss the complaint can be filed by either side at any time. Each count is a separate claim for which the law may entitle them to the relief they seek.Ī motion to dismiss is an attempt by either side (the defense or the prosecution) to have a case thrown out by the courts. A complaint can contain one or many separate claims called counts. If the defendant’s counsel believes that the complaint has no basis in law, in fact, or is otherwise without merit, they can make a motion for dismissal. The complaint is a statement of the case and accusations made against the individual, group, or entity. In typical legal proceedings, a plaintiff will have a complaint served on the defendant.