Texas Water Commission v. Dellana

How courts have described this case

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

• holding that constitutional and statutory challenges to administrative action could not be brought before exhaustion of administrative remedies where claims fell within the scope of agency’s review
• recognizing that, once administrative remedies have been exhausted, APA permits reviewing court to receive evidence of procedural irregularities not reflected in the administrative record
• recognizing that, once administrative remedies have been exhausted, APA permits reviewing court to receive evidence of procedural irregularities not reflected in the administrative record
• concluding that party was obligated to file motion for rehearing and exhaust administrative remedies before filing suit when statute required person to appeal within 30 days of effective date of order
• noting that section 5.351 of Water Code authorized judicial review of agency decisions but only after party “has exhausted all available administrative remedies”
• section 5.351 authorizes judicial review only upon exhaustion of administrative remedies, as codified in APA

Source: CourtListener parenthetical corpus (CC0).