Calif. High Court Puts Its Weight Behind Exhaustion Rule

Law360, New York (June 15, 2012, 5:33 PM EDT) -- The California Supreme Court on Thursday said courtroom challenges to public agencies' project approvals can be heard only if the same objections have been raised in public comment forums, overturning an appellate ruling over an environmental exemption granted to a proposed subdivision.

The precedential 7-0 ruling said that as long as there was an opportunity to publicly comment, parties cannot bring up new concerns in court — in line with the state's exhaustion-of-administrative-remedies law meant to keep the judicial system clear of complaints that can be...
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