10.7. EXHAUSTION OF REMEDIES.

• Jurisdiction: Arizona

10.7. Exhaustion of remedies.

Administrative remedies must be exhausted before seeking judicial relief unless the administrative remedy is inadequate or non-existent.

Minor v. Cochise County, 125 Ariz. 170, 608 P.2d 309 (1980) (litigant must first exhaust administrative remedies by appealing county zoning issue to the board of adjustment)

Freeport McMoRan Corp. v. Langley Eden Farms, LLC, 228 Ariz. 474, 268 P.3d 1131 (App. 2011) (quoting extensively from Minor v. Cochise County, the Court of Appeals held that the parties had failed to exhaust administrative remedies by not first seeking an interpretation from the county board of adjustment and ordered the trial court to dismiss the complaint and counterclaim, both of which sought declaratory relief as to whether an intended land use was exempt from county zoning regulations based on A.R.S. § 11-812(A)(2))

Canyon del Rio Investors, L.L.C. v. City of Flagstaff, 227 Ariz. 336, 258 P.3d 154 (App. 2011) (although exhaustion of remedies is not required under a § 1983 claim, a decision must be final for a court to review such a claim; where an applicant did not seek a final ruling before filing its due process and...