Court grants Summary Judgment in favor of Emergency Services Board in an Administrative Procedures Act claim

The firm obtained a summary judgment in favor of defendant Jasper County Emergency Services Board in a case filed by the former Executive Director, Richard Nordell, in the Circuit Court of Jasper County, Missouri. Plaintiff Nordell had filed a petition for judicial review under '536.150 requesting de novo review of the defendant's decision to terminate his employment and sought reinstatement of his employee status and/or compensation for losses incurred due to his termination. The court initially denied defendant's motion for summary judgment stating the question of whether Nordell was a "Center employee" was a factual issue. However, after defendants conducted depositions of the Board members, Ms. Borthwick filed a motion for reconsideration which was granted by the court. The matter was set for rehearing and evidence was received wherein the plaintiff testified regarding the limited issues identified by the court. Judge Crane entered an order sustaining defendant's motion for summary judgment and specifically found the employee handbook did not apply to Mr. Nordell and that his dismissal was procedurally proper.