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Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.
Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.
Cleveland State Law Review
The common-law doctrine of failure to exhaust administrative remedies has generally been held to be a prerequisite to judicial review in statutorily defined administrative law appeal processes. Similarly, the United States Supreme Court in interpreting the federal administrative law appeal process, and the case law on Ohio's administrative law appeal process, have found that the doctrine of exhaustion is a jurisdictional bar to a declaratory judgment action except while challenging the constitutionality of a municipal or administrative decision. However, according to the holding in Jones v. Chagrin Falls, this may no longer be the case in Ohio. This article discusses …
Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch
Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch
Cleveland State Law Review
The expanding size and burgeoning complexity of the federal, state, and local governments accompanied by a corresponding increase in the administrative agencies of each branch of government, have created new and perplexing problems for the attorney, whether he be in private practice, or house counsel for a large company. By necessity, the attorney is called upon to pursue and solve problems outside of the judicial branch of the government. In order to attack these problems, it is necessary to know what constitutes an administrative agency, and what constitutes administrative law.