13) The Sandy Springs Neighborhood Association had strong objections to a commer

Question

13) The Sandy Springs Neighborhood Association had strong objections to a commercial office building development proposed to be constructed in their area. This association voiced their objections at a Planning Commission meeting, but the planned development was unanimously approved. Prior to this proposal being considered by the full City Council, the association filed a lawsuit to enjoin the development project. Which statement below best describes why a court should rule against the association?

a. The association lacks standing to sue.

b. The court agrees an office building is needed in the area.

c. The association has failed to exhaust its administrative remedies.

d. The association failed to file its lawsuit prior to the Planning Commission's action.

Explanation / Answer

Answer (b) The answer is that the association has failed to exhaust its administrative remedies as Sandy Springs Neighborhood Association should go to full city council.

The association must make all attempts to fight for its cause at the administrative forums specifically dealing with resolving such concerns. However, if it feels that the decisions of administrative forums are not in favor. It has full liberty to go to court.

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