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6 New Mexico opinions name it 2 courts 1963–2015 0 in the last five years
The cases below were cited by New Mexico 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 |
|---|---|---|
State Ex Rel. Norvell v. Credit Bureau of Albuquerque, Inc.green2 sentences2015Norvell v. Credit Bureau of Albuquerque, Inc., 1973-NMSC-087 , ¶ 29, 85 N.M. 521 , 514 P.2d 40 (“The doctrine of exhaustion of remedies does not require the initiation of and participation in proceedings in respect to which an administrative tribunal clearly lacks jurisdiction, or which are vain and futile.”). 2015Norvell v. Credit Bureau of Albuquerque, Inc., 1973-NMSC-087 , ¶ 29, 85 N.M. 521 , 514 P.2d 40 (“The doctrine of exhaustion of remedies does not require the initiation of and participation in proceedings in respect to which an administrative tribunal clearly lacks jurisdiction, or which are vain and futile.”). | 3 | 4 |
Anderson v. BD. OF ADJUSTMENT FOR ZONINGgreen2 sentences2005Norvell v. Credit Bureau of Albuquerque, Inc., 85 N.M. 521, 529 , 514 P.2d 40, 48 (1973) (noting that “[t]he doctrine of exhaustion of remedies does not require the initiation of and participation in proceedings ... which are vain and futile”); see also Anderson v. Bd. of Adjustment for Zoning Appeals, 931 P.2d 517, 521 (Colo.Ct.App.1996) (holding that exhaustion was not required where the “plaintiffs had notice of the ... administrator’s interpretation of the pertinent law, [because] for them to have awaited another and different answer on the same question would have been an exercise in futi 2005Norvell v. Credit Bureau of Albuquerque, Inc., 85 N.M. 521, 529 , 514 P.2d 40, 48 (1973) (noting that "[t]he doctrine of exhaustion of remedies does not require the initiation of and participation in proceedings . . . which are vain and futile"); see also Anderson v. Bd. of Adjustment for Zoning Appeals, 931 P.2d 517, 521 (Colo.Ct.App.1996) (holding that exhaustion was not required where the "plaintiffs had notice of the . . . administrator's interpretation of the pertinent law, [because] for them to have awaited another and different answer on the same question would have been an exercise in | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Neff v. STATE, THROUGH TAX & REV. DEPT.
green
2 sentences2005We note that in Neff, the plaintiffs argued that because the Taxation and Revenue Department lacked the authority to rule on the constitutionality of the Tax Administration Act, it was futile to exhaust their administrative remedies. 116 N.M. at 244 , 861 P.2d at 285 . 2005We note that in Neff, the plaintiffs argued that because the Taxation and Revenue Department lacked the authority to rule on the constitutionality of the Tax Administration Act, it was futile to exhaust their administrative remedies. 116 N.M. at 244 , 861 P.2d at 285 . | 2 | 2005–2005 |
McDowell v. Napolitano
green
2 sentences1998We therefore hold that when a company has refused to comply with an order of the Commission, and the case has been removed to this Court pursuant to Article XI, Section 7, the exhaustion of remedies doctrine does not apply. {11} The Commission argues that, even if the doctrines of ripeness and exhaustion do not apply in this ease, McDowell supports the proposition that this Court should choose to defer review until the Commission has rejected or approved any (“potential”) waivers filed by US West because, under the principle of comity, “the interests of justice are best served by permitting th 1998We therefore hold that when a company has refused to comply with an order of the Commission, and the case has been removed to this Court pursuant to Article XI, Section 7, the exhaustion of remedies doctrine does not apply. {11} The Commission argues that, even if the doctrines of ripeness and exhaustion do not apply in this ease, McDowell supports the proposition that this Court should choose to defer review until the Commission has rejected or approved any (“potential”) waivers filed by US West because, under the principle of comity, “the interests of justice are best served by permitting th | 1 | 1998–1998 |
State Ex Rel. State Corp. Commission v. Zinn
green
2 sentences1963State Corporation Commission v. Zinn, 72 N.M. 29 , 380 P.2d 182 , and that under the doctrine of exhaustion of remedies it should have the first opportunity to determine its own jurisdiction. 1963State Corporation Commission v. Zinn, 72 N.M. 29 , 380 P.2d 182 , and that under the doctrine of exhaustion of remedies it should have the first opportunity to determine its own jurisdiction. | 1 | 1963–1963 |
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.