8 Rhode Island opinions name it 2 courts 1983–2010 0 in the last five years
The cases below were cited by Rhode Island 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 |
|---|---|---|
Golden Gate Corp. v. Town of Narragansettgreen2 sentences2008Although the exhaustion-of-remedies rule does not apply to a facial challenge to a zoning ordinance, it is well-established that the constitutionality of an ordinance as applied to a particular landowner may not be considered "until the administrative remedies provided by the ordinance have been exhausted." Nardi v. City of Providence , 89 R.I. 437 , 449 , 153 A.2d 136 , 143 (1959); see also Golden Gate Corp. v. Town of Narragansett , 116 R.I. 552 , 567 , 359 A.2d 321 , 329 (1976). 2008Although the exhaustion-of-remedies rule does not apply to a facial challenge to a zoning ordinance, it is well-established that the constitutionality of an ordinance as applied to a particular landowner may not be considered "until the administrative remedies provided by the ordinance have been exhausted." Nardi v. City of Providence , 89 R.I. 437 , 449 , 153 A.2d 136 , 143 (1959); see also Golden Gate Corp. v. Town of Narragansett , 116 R.I. 552 , 567 , 359 A.2d 321 , 329 (1976). | 2 | 3 |
Burns v. Sundlungreen2 sentences2005Accordingly we hold that the exhaustion of administrative remedies requirement does not apply in this case and now turn to the merits of plaintiff's lawsuit." Id. at 117. 3 The Block Island based businesses are hereafter referred to as the "Block Island Lessors" or the "Lessors." 4 Section 31-3-3 (e) provides that a bicycle is a two-wheeled vehicle, except scooters and similar devices, "propelled exclusively by human power." 5 The Court has addressed the unlikelihood of Plaintiffs prevailing on the claims set forth in Count I (statutory construction) and Count V (equitable estoppel) of the Ame 2002The exhaustion of remedies requirement serves two purposes: “(1) it aids judicial review by allowing the parties and the agency to develop the facts of the case, and (2) ‘it promotes judicial economy by avoiding needless repetition of administrative and judicial factfinding, perhaps avoiding the necessity of any judicial involvement.’ ” Id. at 117 (quoting Schwartz, Administrative Law § 8.33 at 542 (1991)). | 1 | 2 |
Vaca v. Sipesgreen2 sentences2001Accordingly, the motion justice held that this case fell within an exhaustion of remedies exception set forth in Vaca v. Sipes, 386 U.S. 171, 185 , 87 S.Ct. 903, 914 , 17 L.Ed.2d 842, 854-55 (1967), and thus the case was properly before the Superior Court. 2001Accordingly, the motion justice held that this case fell within an exhaustion of remedies exception set forth in Vaca v. Sipes, 386 U.S. 171, 185 , 87 S.Ct. 903, 914 , 17 L.Ed.2d 842, 854-55 (1967), and thus the case was properly before the Superior Court. | 1 | 1 |
Almeida v. Plasters' & Cement Masons' Local 40 Pension Fundgreen1 sentence2001See Almeida v. Plasters' and Cement Masons’ Local 40 Pension Fund, 722 A.2d 257, 259 (R.I.1998) (per curiam) (recognizing that there are exceptions to the exhaustion of administrative remedies requirement, but found the exception not applicable). | 1 | 1 |
M.B.T. Construction Corp. v. Edwardsgreen1 sentence1992Construction Corp. v. Edwards, 528 A.2d 336, 338 (R.I.1987), we refused to enforce the exhaustion of remedies requirement in a case in which the claimant challenged a city ordinance as invalid on its face. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Fritz Properties, Inc.
green
1 sentence2010In United States v. Fritz Properties, Inc., D.C., 89 F.Supp. 772 , at page 777 , the court said that the doctrine of exhaustion of remedies `is a product of judicial self-limitation resembling the requirement of equity jurisdiction-that a litigant has no standing in equity where he has an adequate remedy at law-although matters of comity and need for orderly administrative procedure helped shape the doctrine .'" See Smith v. Highway Board, 117 Vt. 343 , 91 A.2d 805 . | 1 | 2010–2010 |
Smith v. Highway Board
green
2 sentences2010In United States v. Fritz Properties, Inc., D.C., 89 F.Supp. 772 , at page 777 , the court said that the doctrine of exhaustion of remedies `is a product of judicial self-limitation resembling the requirement of equity jurisdiction-that a litigant has no standing in equity where he has an adequate remedy at law-although matters of comity and need for orderly administrative procedure helped shape the doctrine .'" See Smith v. Highway Board, 117 Vt. 343 , 91 A.2d 805 . 2010In United States v. Fritz Properties, Inc., D.C., 89 F.Supp. 772 , at page 777 , the court said that the doctrine of exhaustion of remedies `is a product of judicial self-limitation resembling the requirement of equity jurisdiction-that a litigant has no standing in equity where he has an adequate remedy at law-although matters of comity and need for orderly administrative procedure helped shape the doctrine .'" See Smith v. Highway Board, 117 Vt. 343 , 91 A.2d 805 . | 1 | 2010–2010 |
Langton v. Brady Electrical Co.
green
1 sentence2010Id. 100 R.I. at 137 , 216 A.2d at 371 . (emphasis added). | 1 | 2010–2010 |
Nardi v. City of Providence
green
2 sentences2008Although the exhaustion-of-remedies rule does not apply to a facial challenge to a zoning ordinance, it is well-established that the constitutionality of an ordinance as applied to a particular landowner may not be considered "until the administrative remedies provided by the ordinance have been exhausted." Nardi v. City of Providence , 89 R.I. 437 , 449 , 153 A.2d 136 , 143 (1959); see also Golden Gate Corp. v. Town of Narragansett , 116 R.I. 552 , 567 , 359 A.2d 321 , 329 (1976). 2008Although the exhaustion-of-remedies rule does not apply to a facial challenge to a zoning ordinance, it is well-established that the constitutionality of an ordinance as applied to a particular landowner may not be considered "until the administrative remedies provided by the ordinance have been exhausted." Nardi v. City of Providence , 89 R.I. 437 , 449 , 153 A.2d 136 , 143 (1959); see also Golden Gate Corp. v. Town of Narragansett , 116 R.I. 552 , 567 , 359 A.2d 321 , 329 (1976). | 1 | 2008–2008 |
Greenwich Bay Yacht Basin Associates v. Brown
green
1 sentence2007Greenwich Bay Yacht Basin Associates v. Brown , 537 A.2d 988 , 993 (R.I. 1988). | 1 | 2007–2007 |
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.