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Municipal, Quasi-Judicial Proceedings - Exhaustion of Administrative Remedies, and Applying Collateral Estoppel

7.10.2013

Regarding Municipal, Quasi-Judicial Proceedings - Exhaustion of Administrative Remedies and Applying Collateral Estoppel to Defeat Collateral Attacks

The pdf white paper Includes more detail on the following topics:

Doctrine of exhaustion of administrative remedies applies to municipal, quasi-judicial proceedings - if the legislature has created an effective statutory administrative remedy, that remedy is exclusive.

  • Party must first exhaust its administrative remedies before seeking relief from the courts.
  • Requires that a party satisfy five conditions before turning to the courts
  • Exceptions

Doctrine of collateral estoppel can also apply to municipal quasi-judicial proceedings, providing finality and a shield against collateral attacks.

  • "Determination of an issue in a prior judicial or administrative proceeding precludes the relitigation of that issue in a later action, provided the party against whom the estoppel is asserted enjoyed a full and fair opportunity to litigate that issue in the earlier proceeding."
  • Courts must determine whether an issue that is dispositive to a party's claims was adversely decided against that party in a previous proceeding
  • Recent example of applying collateral estoppel arose from a municipal proceeding to condemn a building due to its deteriorated condition


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