Administrative Law

Daniel R.E. Jordan, Esquire

Raise all issues at agency level. Marion Tibbs, Assessor Butler County, Missouri v. Poplar Bluff Associates I, L.P., No. 31385 (Mo. App. S.D., January 9, 2013), Lynch, J.

Appellant first raised its issue on appeal at court of appeals.

Held: Agency affirmed.
A party with a claim or defense in action before agency must raise it to agency. “The general rule is that a court should not set aside administrative actions unless the agency has been given a prior opportunity, on timely request by the complainant, to consider the point at issue.”