California, United States of America
The following excerpt is from Browning-Ferris Industries v. City Council, 181 Cal.App.3d 852, 226 Cal.Rptr. 575 (Cal. App. 1986):
[181 Cal.App.3d 861] The City's and Real Parties' reliance upon City of Poway v. City of San Diego (1984) 155 Cal.App.3d 1037, 202 Cal.Rptr. 366, is misplaced. In that case, the petitioner presented 53 challenges to the EIR on the day of the hearing to determine approval of the project. The reviewing court did not discuss the rule of exhaustion of administrative remedies, but instead noted the challenges had been anticipated by the draft EIR and thus no response by the administrative agency to these challenges was required.
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