Skip to main content
· 11/7/2007

B.S. v. Department of Children & Family Services

Citations

  • 970 So. 2d 402

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that party’s failure to exhaust administrative remedies will be excused if claim alleges constitutional violation and administrative agency lacks authority to grant adequate relief
  • remanding case with direction to dismiss for lack of jurisdiction because of failure to exhaust administrative remedies
  • ‘‘[t]he requirement of exhaustion may arise from explicit statutory language’’ (internal quotation marks omitted)
  • exhaustion was required because Commissioner of Public Health had ‘‘expertise necessary’’ and was ‘‘uniquely qualified’’ to determine whether health code regulation was reasonably related to health and sanitation
  • “[i]t is a settled principle of administrative law that if an adequate administrative remedy exists, it must be exhausted before the Superior Court will obtain jurisdiction to act in the matter”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cortiñas, Gersten, Schwartz

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.