Administrative Law

Daniel R.E. Jordan, Esquire

Judicial review of non-contested case discussed. Hauk, v. Scotland County Commission, et al., No. 99724 (Mo. App. E.D., February 25, 2014), Clayton, J.

Exhaustion of administrative remedies is not an element of a claim for review of non-contested case so applicant need not seek variance from county before seeking judicial review of application’s denial.  Judicial review of non-contested case is de novo.

Held: Affirmed.
County’s use of standard contrary to ordinance was arbitrary and capricious.