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25 Alabama opinions name it 2 courts 1976–2025 4 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fraternal Order of Police, Strawberry Lodge 40 v. Entrekingreen2 sentences2024Generally, "exhaustion of administrative remedies is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction." Budget Inn of Daphne, Inc. v. City of Daphne, 789 So. 2d 154, 157 (Ala. 2000). "[The doctrine of exhaustion of administrative remedies] 'requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.' Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So. 2d 663, 670 (1975). 2024Generally, "exhaustion of administrative remedies is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction." Budget Inn of Daphne, Inc. v. City of Daphne, 789 So. 2d 154, 157 (Ala. 2000). "[The doctrine of exhaustion of administrative remedies] 'requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.' Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So. 2d 663, 670 (1975). | 6 | 10 |
City of Huntsville v. Smarttgreen2 sentences2024Entrekin approved the 'exhaustion of administrative remedies' doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies 'where a claim is cognizable in the first instance by an administrative agency alone.' " City of Huntsville v. Smartt, 409 So. 2d 1353, 1357 (Ala. 1982). 2009“The Court held the following in regard to the doctrine of exhaustion of administrative remedies, in City of Huntsville v. Smartt, 409 So.2d 1353, 1357 (Ala.1982): “‘Alabama has adopted the “doctrine of exhaustion of administrative remedies.” This doctrine “requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.” Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So.2d 663, 670 (1975). | 5 | 8 |
Chapman v. Board of Adjustmentgreen2 sentences2025See Dawson v. Cole, 485 So. 2d 1164, 1167 (Ala. Civ. 2025See Dawson v. Cole, 485 So. 2d 1164, 1167 (Ala. Civ. | 2 | 2 |
Budget Inn of Daphne, Inc. v. City of Daphnegreen2 sentences2024Generally, "exhaustion of administrative remedies is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction." Budget Inn of Daphne, Inc. v. City of Daphne, 789 So. 2d 154, 157 (Ala. 2000). "[The doctrine of exhaustion of administrative remedies] 'requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.' Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So. 2d 663, 670 (1975). 2024Generally, "exhaustion of administrative remedies is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction." Budget Inn of Daphne, Inc. v. City of Daphne, 789 So. 2d 154, 157 (Ala. 2000). "[The doctrine of exhaustion of administrative remedies] 'requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.' Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So. 2d 663, 670 (1975). | 2 | 2 |
Applicants for Retail Package Liquor Licenses in Floyd County v. Gulleygreen2 sentences2024Compare Nilo, Inc. v. Pennsylvania Liquor Control Bd., 580 Pa. 336 , 861 A.2d 248 (2004) (equally divided Pennsylvania supreme court affirmed judgment of lower appellate court reallocating liquor license to disappointed applicant by rescinding award made to competing applicant) with Applicants for Retail Package Liquor Licenses in Floyd Cnty. v. Gulley, 674 S.W.2d 22, 25 (Ky. Ct. App. 1984) (holding that, when multiple applicants seek the same license, an appeal of the denial of the application would be an exercise in futility because the appellate court could not award the license to the disa 2024Compare Nilo, Inc. v. Pennsylvania Liquor Control Bd., 580 Pa. 336 , 861 A.2d 248 (2004) (equally divided Pennsylvania supreme court affirmed judgment of lower appellate court reallocating liquor license to disappointed applicant by rescinding award made to competing applicant) with Applicants for Retail Package Liquor Licenses in Floyd Cnty. v. Gulley, 674 S.W.2d 22, 25 (Ky. Ct. App. 1984) (holding that, when multiple applicants seek the same license, an appeal of the denial of the application would be an exercise in futility because the appellate court could not award the license to the disa | 2 | 2 |
Nilo, Inc. v. Pennsylvania Liquor Control Boardgreen2 sentences2024Compare Nilo, Inc. v. Pennsylvania Liquor Control Bd., 580 Pa. 336 , 861 A.2d 248 (2004) (equally divided Pennsylvania supreme court affirmed judgment of lower appellate court reallocating liquor license to disappointed applicant by rescinding award made to competing applicant) with Applicants for Retail Package Liquor Licenses in Floyd Cnty. v. Gulley, 674 S.W.2d 22, 25 (Ky. Ct. App. 1984) (holding that, when multiple applicants seek the same license, an appeal of the denial of the application would be an exercise in futility because the appellate court could not award the license to the disa 2024Compare Nilo, Inc. v. Pennsylvania Liquor Control Bd., 580 Pa. 336 , 861 A.2d 248 (2004) (equally divided Pennsylvania supreme court affirmed judgment of lower appellate court reallocating liquor license to disappointed applicant by rescinding award made to competing applicant) with Applicants for Retail Package Liquor Licenses in Floyd Cnty. v. Gulley, 674 S.W.2d 22, 25 (Ky. Ct. App. 1984) (holding that, when multiple applicants seek the same license, an appeal of the denial of the application would be an exercise in futility because the appellate court could not award the license to the disa | 2 | 2 |
City of Gadsden v. Entrekingreen2 sentences1998This Court cited Caffee and City of Gadsden v. Entrekin, 387 So.2d 829 (Ala. 1980), as authority for the statement that the doctrine of exhaustion of administrative remedies "does not apply when (1) the question raised is one of interpretation of a statute, (2) the action raises only questions of law and not matters requiring administrative discretion or an administrative finding of fact, (3) the exhaustion of administrative remedies would be futile and/or the available remedy is inadequate, or (4) where there is the threat of irreparable injury." Ex parte Lake Forest Property Owners' Ass'n, s 1991As stated in City of Gadsden v. Entrekin, 387 So.2d 829, 833 (Ala.1980), exceptions to the exhaustion of administrative remedies doctrine generally arose where “the action raises questions of law only and not matters requiring administrative findings of fact or an exercise of administrative discretion.” None of these cases allow the court to dispense with all of the procedural requirements for obtaining relief. | 1 | 3 |
Tucker v. Nicholsgreen1 sentence2016The Drakes do not address the other basis for the judgment, i.e., the trial court’s lack of subject-matter' jurisdiction over their claims pursuant to § 17-16-44. “[W]e are governed by the long-standing, well-established rule that the appellant has an affirmative duty of showing error upon the record.” Tucker v. Nichols, 431 So.2d 1263, 1264 (Ala.1983), “ ‘ “[T]his court will not presume [an] error on the part of the trial court.”’” Roberson v. C.P. | 1 | 1 |
DEPT. OF ENVIR. MAN. v. Coosa River Basin Initiative, Inc.green1 sentence2010Mgmt. v. Coosa River Basin Initiative, Inc., 826 So.2d 111, 117-18 (Ala.2002) (holding that circuit court had subject-matter jurisdiction over a declaratory-judgment action against the Alabama Department of Environmental Management that was not barred by the exhaustion-of-administrative-remedies doctrine). | 1 | 1 |
Faulkner v. University of Tennesseegreen2 sentences1998The court held that the exhaustion of administrative remedies requirement " applies to Alabama agencies ." 627 So.2d at 365 (emphasis added). 1998The court held that the exhaustion of administrative remedies requirement "applies to Alabama agencies." 627 So.2d at 365 (emphasis added). | 1 | 1 |
Simpson v. Van Ryzingreen2 sentences1976See Simpson v. Van Ryzin , 289 Ala. 22 , 32 , 265 So.2d 569 , 577 (1972); State ex rel. 1976See Simpson v. Van Ryzin , 289 Ala. 22 , 32 , 265 So.2d 569 , 577 (1972); State ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Steward v. State
green
2 sentences2024Generally, "exhaustion of administrative remedies is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction." Budget Inn of Daphne, Inc. v. City of Daphne, 789 So. 2d 154, 157 (Ala. 2000). "[The doctrine of exhaustion of administrative remedies] 'requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.' Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So. 2d 663, 670 (1975). 2024Generally, "exhaustion of administrative remedies is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction." Budget Inn of Daphne, Inc. v. City of Daphne, 789 So. 2d 154, 157 (Ala. 2000). "[The doctrine of exhaustion of administrative remedies] 'requires that where a controversy is to be initially determined by an administrative body, the courts will decline relief until those remedies have been explored and, in most instances, exhausted.' Fraternal Order of Police, Strawberry Lodge v. Entrekin, 294 Ala. 201, 209 , 314 So. 2d 663, 670 (1975). | 10 | 1982–2024 |
United States v. Western Pacific Railroad
green
2 sentences2024Entrekin approved the 'exhaustion of administrative remedies' doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies 'where a claim is cognizable in the first instance by an administrative agency alone.' " City of Huntsville v. Smartt, 409 So. 2d 1353, 1357 (Ala. 1982). 2024Entrekin approved the 'exhaustion of administrative remedies' doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies 'where a claim is cognizable in the first instance by an administrative agency alone.' " City of Huntsville v. Smartt, 409 So. 2d 1353, 1357 (Ala. 1982). | 5 | 1982–2024 |
City of Graysville v. Glenn III
green
2 sentences2018In City of Graysville v. Glenn , 46 So.3d 925 , 929 (Ala. 2010), the Alabama Supreme Court observed, in pertinent part: *1214 " 'To be sure, Alabama recognizes the doctrine of exhaustion of administrative remedies. 2010In City of Graysville v. Glenn, 46 So.3d 925 (Ala.2009), the supreme court stated: “‘To be sure, Alabama recognizes the doctrine of exhaustion of administrative remedies. | 2 | 2010–2018 |
Patterson v. Gladwin Corp.
green
2 sentences2015Although the Court noted that Alabama recognizes the doctrine of exhaustion of administrative remedies and that that doctrine ‘ “is; a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction,” ’ 835 So.2d at 142 , the Court did not accept the taxpayer’s argument that it need not exhaust administrative remedies when seeking a refund of taxes from the Department. 2004Although the Court noted that Alabama recognizes the doctrine of exhaustion of administrative remedies and that that doctrine "`is a judicially imposed prudential limitation, not an issue *Page 656 of subject-matter jurisdiction ,'" 835 So.2d at 142 , the Court did not accept the taxpayer's argument that it need not exhaust administrative remedies when seeking a refund of taxes from the Department. | 2 | 2004–2015 |
Ex Parte Lake Forest Property Owners'ass'n
green
1 sentence2010Id. | 1 | 2010–2010 |
Hall v. City of Dothan
green
1 sentence2009Entrekin approved the “exhaustion of administrative remedies” doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies “where a claim is cognizable in the first instance by an administrative agency alone.” By that doctrine “judicial interference is withheld until the administrative process has run its course....” Entrekin, at 210, 314 So.2d 663 .’ “In Hall v. City of Dothan, 539 So.2d 286 (Ala.Civ.App.1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrative re | 1 | 2009–2009 |
Bateman v. Blue Cross-Blue Shield of Alabama
green
1 sentence1999"The doctrine of exhaustion of administrative remedies provides `that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.'" Bateman v. Blue Cross-Blue Shield of Alabama , 579 F. Supp. 265 , 266 (M.D. | 1 | 1999–1999 |
Southern Energy Homes, Inc. v. Key
neutral
1 sentence1998Hamilton v. City of Fairhope, [Ms. 2970785, June 26, 1998] ___ So.2d ___ (Ala.Civ.App. 1998); City of Daphne v. Dolan, 603 So.2d 1042 (Ala.Civ.App. 1991), reversed sub nom. | 1 | 1998–1998 |
Docena Fire Dist. v. Rucker
green
1 sentence1998This Court cited Caffee and City of Gadsden v. Entrekin, 387 So.2d 829 (Ala. 1980), as authority for the statement that the doctrine of exhaustion of administrative remedies "does not apply when (1) the question raised is one of interpretation of a statute, (2) the action raises only questions of law and not matters requiring administrative discretion or an administrative finding of fact, (3) the exhaustion of administrative remedies would be futile and/or the available remedy is inadequate, or (4) where there is the threat of irreparable injury." Ex parte Lake Forest Property Owners' Ass'n, s | 1 | 1998–1998 |
City of Homewood v. Caffee
green
1 sentence1992See Ala.Code 1975, § 11-52-80; City of Homewood v. Caffee, supra. The exhaustion of administrative remedies doctrine is thus inapplicable here, and the issue of the grandfather clause was properly raised for the first time before the circuit court. | 1 | 1992–1992 |
Graves v. McDonough
green
2 sentences1991The first case relied upon, Graves v. McDonough, 264 Ala. 407 , 88 So.2d 371 (1956), allowed the taxpayer to seek and obtain a judgment from the court despite the fact that he did so without a protest and to appeal to the taxing authority as stated in the statute. 1991The first case relied upon, Graves v. McDonough, 264 Ala. 407 , 88 So.2d 371 (1956), allowed the taxpayer to seek and obtain a judgment from the court despite the fact that he did so without a protest and to appeal to the taxing authority as stated in the statute. | 1 | 1991–1991 |
McGinnis v. White
neutral
1 sentence1991Unfortunately, in McGinnis v. White, 585 So.2d 56 (Ala.Civ.App.1991), this court failed to make this distinction. | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.