Legal Opinion
Lehigh Portland Cement Co. v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided December 5, 1995PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue presented on this appeal is whether a declaratory judgment action was properly dismissed on the ground that plaintiff failed to exhaust administrative remedies. We conclude that the dismissal was improper because, in this case, the pursuit of administrative remedies would have been futile. Accordingly, we modify the order of the Appellate Division and remit this declaratory judgment action to the trial court for a determination on the merits of plaintiffs complaint.
Between August and November 1992, plaintiff submitted petitions to the Department of…
2Cases cited9 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Grattan v. Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1987
- New York Institute for Education of Blind v. United Federation of Teachers' CommitteeAppellate Division of the Supreme Court of the State of New York · 1981
- New York Institute for Education of Blind v. United Federation of Teachers' Committee for New York Institute for Education of BlindNew York Court of Appeals · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Legal Aid Society v. City of New YorkDistrict Court, S.D. New York · 2000
- Level 3 Communications, LLC v. DeBellisAppellate Division of the Supreme Court of the State of New York · 2010
- Waterways Development Corp. v. LavalleAppellate Division of the Supreme Court of the State of New York · 2006
- Sabino v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Laureiro v. New York City Department of Consumer AffairsAppellate Division of the Supreme Court of the State of New York · 2007
41 more not listed; retrieve them via the Exa API.