Ace Flying Service, Inc. v. Colorado Department of Agriculture

I am in disagreement with the other opinions because I am satisfied the legislature has provided administrative remedies by which claims may be presented, heard and determined. Where primary jurisdiction is reposed in an administrative agency, the court is not the forum to which the claimant may resort for relief in original proceedings. 73 C.J.S., pg. 347, §40. Furthermore, the statutorily created administrative remedy must be exhausted before application may be made to the courts to assume jurisdiction. Hannum v. Hillyard, 131 Colo. 37, 278 P. (2d) 1015. Only where the tribunal exercises…