New England Whitewater Center, Inc. v. Department of Inland Fisheries & Wildlife

How courts have described this case

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

• holding that an issue not objected to at the administrative level is not properly preserved for review by the courts
• holding, in case brought under Rule 80C and 5 M.R.S.A. § 11001, that rule changes were void as not promulgated in compliance with rule-making requirements of the APA
• noting that the preservation rule in the administrative context “Is premised on the broader doctrine of exhaustion of administrative remedies”
• rejecting plaintiffs’ argument that their claims before the agency would have been “fruitless” and that no adequate forum existed, noting that the plaintiffs were able to comment on the procedural process at a public hearing and submit written comments after the hearing
• Rule 80C plaintiffs expected to raise issues before agency in order to preserve issues for appeal
• \Issues not raised at the administrative level are deemed unpreserved for appellate review .... This rule applies even to unpreserved issues implicating constitutional questions.\

Source: CourtListener parenthetical corpus (CC0).