Quote:
Originally Posted by dc_dux
As I read the Md Court of Appeals decision, it appears that Williams never applied for a permit.
Ignoring the law because he believed it would have been denied?
IMO, his actions, or lack of actions, gives the Court both clear legal grounds and an easy out to decide not to take the case. |
Dux, I think in ordinary challenges, doctrines of exhaustion and standing would result in the court avoiding the merits of the case.
However, since the defendant in this case was held criminally liable, such exhaustion doctrines will not govern.
For example: Standing
1.) Injury in Fact
2.) Causation
3.) Redress
or Exhaustion, which requires that the plaintiff fully exhaust all administrative remedies before seeking judicial review.