· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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