Exhaustion of Administrative Remedies Archives

Nov

23

2021

Fifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption

In Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018, the Fifth District considered a challenge to a decision by Inyo County (County) to acquire landfill sites owned by the Los Angeles Department of Water...

Nov

16

2021

Dustin Peterson

Fourth District Finds Failure to Evaluate Consistency with CAP Rendered MND Incomplete Despite no Fair Argument of Inconsistency; Rejects Piecemealing, Project Description, and Aesthetic Impacts Claims, and Others as Barred by a Failure to Exhaust Administrative Remedies

In McCann v. City of San Diego (2021) 70 Cal.App.5th 51, the Fourth District Court of Appeal found that the Plaintiff, Margaret McCann (McCann), was barred from bringing a judicial action challenging the City’s approval of projects for undergrounding utility...

Oct

18

2021

Johannah Kramer

Fifth District Court of Appeal Finds Petitioner Failed to Exhaust Remedies in CUP Approval Challenge, Despite Ambiguous Administrative Appeal Procedures

In Muskan Foods & Fuel v. City of Fresno (2021) (Sep. 27, 2021, No. F079342) ___Cal.App.5th___ [2021 Cal. App. LEXIS 793], the Fifth District Court of Appeal held that Muskan Foods (Petitioner) failed to exhaust their available administrative appeals...

Exhaustion of Administrative Remedies

Nov

23

2021

Fifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption

Nov

16

2021

Fourth District Finds Failure to Evaluate Consistency with CAP Rendered MND Incomplete Despite no Fair Argument of Inconsistency; Rejects Piecemealing, Project Description, and Aesthetic Impacts Claims, and Others as Barred by a Failure to Exhaust Administrative Remedies

Oct

18

2021

Fifth District Court of Appeal Finds Petitioner Failed to Exhaust Remedies in CUP Approval Challenge, Despite Ambiguous Administrative Appeal Procedures

Browse by Categories

Newsletter Signup