Does the doctrine of exhaustion of administrative remedies apply to a plaintiff who suffers irreparable harm to his business as a result of the loss of his on-sale license?
California, United States of America
The following excerpt is from Mountain View Chamber of Commerce v. City of Mountain View, 143 Cal.Rptr. 441, 77 Cal.App.3d 82 (Cal. App. 1978):
Other types of irreparable injury have been recognized by court decision as exceptions to the doctrine of exhaustion of administrative remedies. In Greenblatt v. Munro (1958) 161 Cal.App.2d 596, 326 P.2d 929, the appellant was threatened with the loss of his on-sale liquor license. This would terminate his business as the source of his livelihood. The court stated: "Thus it may very well be that were we not to apply the exception to the exhaustion of remedy rule, petitioner would suffer the extreme penalty of losing his license, . . ." (Id., at p. 607, 326 P.2d at p. 936.)
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