State Ex Rel. Brennan v. RD Realty Corporation

How courts have described this case

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

• holding that agency \expertise [is] the controlling consideration\ in \rationaliz[ing] the application of\ the primary jurisdiction doctrine
• explaining that, although the concepts are somewhat different, that doctrines of '\[p]rimary jurisdiction' and 'exhaustion of administrative remedies' are both closely allied in basic function and concept\
• explaining that the doctrine of primary jurisdiction is \a matter of judicial policy\
• applying the doctrine because it is “clear that the statutory scheme envisions that ordinarily the [agency] will make the determination that a development is or is not exempt from regulation by the [agency]”
• “As a matter of judicial policy we will generally not decide an issue concerning which an administrative agency has decision capacity until after the agency has considered the issue.”
• \We recognize that the 'doctrine of primary jurisdiction' is - 37 - somewhat different from the 'doctrine of exhaustion of administrative remedies' . . . .\

Source: CourtListener parenthetical corpus (CC0).