exhaustion of administrative remedies requirement (Indiana) · Go Syfert
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exhaustion of administrative remedies requirement in Indiana

25 Indiana opinions name it 3 courts 1977–2019 0 in the last five years

The cases below were cited by Indiana 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.

Followed or applied (8)

CaseFollowedCited
State Board of Tax Commissioners v. Ispat Inland, Inc.green
ind · 2003 · cited in 12 Indiana opinions naming this issue, 2013–2015
2 sentences

2015See State Bd. of Tax Comm’rs v. Ispat Inland, Inc., 784 N.E.2d 477, 482 (Ind.2003).

2015See State Bd. of Tax Comm’rs v. Ispat Inland, Inc., 784 N.E.2d 477, 482 (Ind. 2003).

1212
Indiana Department of Environmental Management v. Twin Eagle LLCgreen
ind · 2003 · cited in 11 Indiana opinions naming this issue, 2015–2015
2 sentences

2015Mgmt. v. Twin Eagle LLC, 798 N.E.2d 839, 844 (Ind.2003) (citation omitted). *837 ANALYSIS I.

2015Mgmt. v. Twin Eagle LLC, 798 N.E.2d 839, 844 (Ind. 2003) (citation omitted).

1111
Yorktown Homes South, Inc. v. Joseph P. O'Connor, Marion County Assessorgreen
indtc · 2015 · cited in 2 Indiana opinions naming this issue, 2015–2018
2 sentences

2018Id.

2015See Ind.Code §§ 33-26-3-1(1), -3 (2015); Grandville, 25 N.E.3d at 836 (explaining that the final determination requirement includes the exhaustion of administrative remedies requirement).

12
Trinity Marine Products, Inc. v. Chaogreen
ca5 · 2007 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012The Seventh Circuit therefore “join[ed] the other circuits that require parties challenging completed OSHA inspections on fourth amendment grounds to address their arguments to the Review Commission before turning to the federal courts.” 3 Id. at 814 ; see also Trinity Marine Products, Inc. v. Chao, 512 F.3d 198, 203 (5th Cir.2007) (“Administrative warrants also differ from traditional criminal warrants in that the exhaustion-of-administrative-remedies doctrine applies, meaning that an employer who wishes to challenge a warrant cannot immediately file a motion in district court to suppress the

11
Town Board of Orland v. Greenfield Mills, Inc.green
ind · 1996 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012In support of his argument, Ogden points to Town Bd. of Orland v. Greenfield Mills, Inc., 663 N.E.2d 523, 525 (Ind.1996), in which the supreme court stated that "[i]f all of the issues or claims are clearly matters for exclusive administrative or regulatory agency determination, the court is without subject matter jurisdiction and must dismiss the complaint.

11
Zayas v. Gregg Appliances, Inc.green
indctapp · 1997 · cited in 1 Indiana opinions naming this issue, 2011–2011
2 sentences

2011Zayas had attempted to circumvent the exhaustion-of-administrative-remedies requirement by arguing that his case was "not an action for a tax refund, but an action for return of monies improperly collected by Gregg," id. at 367 (footnote omitted), because, from his perspective, the charge on the delivery fee had been "a mere purchase price overcharge," not an authorized sales tax, id.

2011Zayas had attempted to circumvent the exhaustion-of-administrative-remedies requirement by arguing that his case was "not an action for a tax refund, but an action for return of monies improperly collected by Gregg," id. at 367 (footnote omitted), because, from his perspective, the charge on the delivery fee had been "a mere purchase price overcharge," not an authorized sales tax, id.

11
Karamo B. Kaba v. E.A. Stepp, Mickal E. Laird, Dave Benson, and Joseph Yonkmangreen
ca7 · 2006 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010Woodford, 126 S.Ct. at 2392 ; Kaba v. Stepp, 458 F.3d 678, 684 (7th Cir.2006).

11
Roark v. City of New Albanygreen
indctapp · 1984 · cited in 1 Indiana opinions naming this issue, 1985–1985
1 sentence

1985See, Roark v. City of New Albany (1984), Ind.App., 466 N.E.2d 62 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
First American Title Insurance Co. v. Robertson green
ind · 2015
1 sentence

2019Id. ; see also, e.g. , Indianapolis-Marion Cty.

12019–2019
Ogden v. Robertson green
indctapp · 2012
1 sentence

2016The court reasoned as follows: “If we were to hold that a claimant could seek judicial review based on a right derived from the WBL through common law and, therefore, bypass the exhaustion of administrative remedies requirement of the WBL, it would make the exhaustion requirements of the WBL illusory.” Id. at 146 .

12016–2016
In Re Establishment Inspection of Kohler Company. Appeal of Kohler Co green
ca7 · 1991
1 sentence

2012Id. 10 203 (5th Cir. 2007) (“Administrative warrants also differ from traditional criminal warrants in that the exhaustion-of-administrative-remedies doctrine applies, meaning that an employer who wishes to challenge a warrant cannot immediately file a motion in district court to suppress the evidence after the warrant has been executed.”).

12012–2012
Woodford v. Ngo red
scotus · 2006
1 sentence

2010Woodford, 126 S.Ct. at 2392 ; Kaba v. Stepp, 458 F.3d 678, 684 (7th Cir.2006).

12010–2010
Myers v. Moyars green
indctapp · 1996
1 sentence

2004Myers v. Moyars, 667 N.E.2d at 1122-23 .

12004–2004
Slay v. Marion County Sheriff's Department green
indctapp · 1992
1 sentence

1996Our conclusion is bolstered by our recent statement, “[fjederal substantive law controls, and any state laws or rules which inhibit the prosecution of a § 1983 action are preempted by the Supremacy Clause of the United States Constitution.” Slay v. Marion County Sheriffs Dept., 603 N.E.2d 877 , 884 n. 3 (Ind.Ct.App.1992), trans. denied.

11996–1996
State v. Morand neutral
indctapp · 1976
2 sentences

1977We need only echo the sentiments expressed in State v. Morand (1976), 169 Ind. App. 604 , 349 N.E.2d 718 , 721: “While Indiana has long followed the doctrine of exhaustion of administrative remedies, implicit in all reported cases is the assumption that the statutory remedy is available at the time the challenged judicial relief is sought.

1977We need only echo the sentiments expressed in State v. Morand (1976), 169 Ind. App. 604 , 349 N.E.2d 718 , 721: “While Indiana has long followed the doctrine of exhaustion of administrative remedies, implicit in all reported cases is the assumption that the statutory remedy is available at the time the challenged judicial relief is sought.

11977–1977

Statutes the citing opinions construe

IN § Ind. Code § 33-26-3-1 (15) IN § Ind. Code § 6-1.1-11-1 (11)

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.

Where else courts name it

CA 235 (1941–2026) TX 89 (1973–2025) NY 79 (1958–2026) PA 78 (1969–2026) IL 71 (1963–2025) CT 48 (1983–2026) NJ 39 (1952–2025) OH 36 (1990–2025) AZ 29 (1957–2025) MD 26 (1982–2020) MI 26 (1972–2026) AL 25 (1976–2025) IN 25 (1977–2019) ME 24 (1974–2024) AR 22 (1988–2025) MO 18 (1969–2025) WI 15 (1972–2026) AK 14 (1985–2023) NM 13 (1998–2026) UT 13 (1993–2020) CO 12 (1982–2012) FL 12 (1958–2022) DC 11 (1972–2010) WA 11 (1969–2016) TN 10 (1946–2020) MS 10 (1966–2021) MA 10 (1979–2014) DE 10 (1992–2025) SC 10 (1977–2023) MN 10 (1957–2007) KS 9 (1986–2021) NC 8 (2008–2020) RI 7 (1966–2017) WV 7 (1966–2026) IA 7 (1971–2016) NH 6 (1998–2018) HI 6 (2012–2025) GA 5 (1986–2017) WY 4 (1982–2020) OK 4 (1980–2005) VT 3 (1952–2001) ID 3 (1990–2023) SD 3 (1975–1987) LA 3 (1976–2024) NV 3 (1979–2021) NE 2 (1998–2017) OR 2 (1997–2019) ND 2 (2014–2024) VA 2 (2000–2010) MT 2 (2022–2024)

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.

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