California, United States of America
The following excerpt is from Sierra Club v. San Joaquin Local Agency Formation Com., 21 Cal.4th 489, 87 Cal.Rptr.2d 702, 981 P.2d 543 (Cal. 1999):
In sum, even an alert legal practitioner could overlook the necessity of seeking rehearing, as a condition to judicial review, until after the deadline to act had passed, and many who petition before administrative bodies do so without the benefit of legal training. In recent years, moreover, even an awareness of the rehearing issue might not have avoided the potential pitfall, given that the only recent Court of Appeal decision (Benton v. Board of Supervisors, supra, 226 Cal.App.3d at p. 1475, 277 Cal.Rptr. 481) declares the rule to have been legislatively repealed, and a leading treatise on California procedure, citing that decision, strongly implies the rule is no longer in force. 5
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