Is an application for a rehearing necessary as a condition precedent to review of an adverse decision of an administrative board?

California, United States of America


The following excerpt is from McDonald's Systems of California, Inc. v. Board of Permit Appeals, 119 Cal.Rptr. 26, 44 Cal.App.3d 525 (Cal. App. 1975):

Applicant claims that his application for rehearing was only filed to lay the foundation for further court action by exhausting all administrative remedies. (See Lynn v. Duckel (1956) 46 Cal.2d 845, 848--850, 299 P.2d 236.) No authority is cited for the proposition that an application for rehearing is necessary as a condition precedent to review of an adverse decision of an administrative board. It must be assumed that the applicant also entertained an expectation that further review might secure concurrence in the departmental action which had approved the permit which had been wrested from its grasp by the original ruling of the board. The fact that the rehearing gave the protestants an opportunity to bolster their case is unfortunate, but is not a factor which deprived the court of jurisdiction under the other circumstances of the case.

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