Kirk v. Ivey

How courts have described this case

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

• finding plaintiffs as-applied federal constitutional challenges to county’s land-use ordinances to be unripe because plaintiff had failed to exhaust administrative remedies
• finding resort to county board of appeals not to be futile despite fact that it was composed of the same county council members who opposed plaintiffs original permit application
• “[T]his Court has ‘ordinarily construed the pertinent [legislative] enactments to require that the administrative remedy be first invoked and followed’ before resort to the courts.”
• constitutional challenge to local zoning ordinance must await completion of two administrative zoning actions
• The administrative agency \would be authorized and required to consider any of the constitutional and other issues raised by Maryland Reclamation to tire extent that those issues would be pertinent in the particular proceeding\
• “where the constitutionality of a statute on its face is challenged, and where there exists a recognized declaratory judgment or equitable remedy, we have held that the challenger ordinarily need not invoke and exhaust his administrative remedy”

Source: CourtListener parenthetical corpus (CC0).