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
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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