386.360. Commission to investigate mandamus or injunctive actions, when--hearings, when held--parties, when joined--form of final judgment. - Missouri Statutes

Commission to investigate mandamus or injunctive actions,when--hearings, when held--parties, when joined--form of finaljudgment.

386.360. 1. Whenever the commission shall be of the opinionthat a public utility, municipal gas system, person orcorporation is failing or omitting or about to fail or omit to doanything required of it by law or by order or decision of thecommission, or is doing anything or about to do anything orpermitting anything or about to permit anything to be done,contrary to or in violation of law or of any order or decision ofthe commission, it shall direct the general counsel to thecommission to commence an action or proceeding in any circuitcourt of the state of Missouri in the name of the commission forthe purpose of having such violations or threatened violationsstopped and prevented either by mandamus or injunctions. Thecommission's general counsel shall thereupon begin such action orproceeding by a petition to such court alleging the violationcomplained of and praying for appropriate relief by way ofmandamus or injunction. Such relief shall not be limited topermanent forms of mandamus and injunction, but shall include allavailable forms of injunction and mandamus, including temporaryrestraining orders, preliminary injunctions, permanentinjunctions, preliminary orders of mandamus, and permanent ordersof mandamus.

2. It shall thereupon be the duty of the court to specifythe time, not exceeding thirty days after service of a copy ofthe petition, within which the public utility, person, municipalgas system or corporation complained of, must answer the petitionin cases where an answer is contemplated by Missouri Rules ofCourt. In case of default in answer or after answer, the courtshall immediately inquire into the facts and circumstances insuch manner as the court shall direct without other or formalpleadings, and without respect to any technical requirement.

3. Such other persons, public utilities, municipal gassystems or corporations as the court shall deem necessary orproper to join as parties in order to make its order, judgment orwrits effective may be joined as parties upon application of thecommission's general counsel.

4. The final judgment in any such action or proceeding shalleither dismiss the action or proceeding or direct that a writ ofmandamus or an injunction, or both, issue as prayed for in thepetition or in such modified or other form as the court maydetermine will afford appropriate relief.

(RSMo 1939 §§ 5641, 5661, 5683, A. 1949 H.B. 2099, A.L. 1967 p. 578, A.L. 1977 H.B. 42 & 157, A.L. 1989 H.B. 938)

Prior revisions: 1929 §§ 5185, 5205, 5227; 1919 §§ 10473, 10493, 10515

Effective 6-13-89