Labor & Employment Law

Estoppel to contest jurisdiction

Estoppel to contest jurisdiction

Source: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2008, All rights reserved http://lawprofessors.typepad.com/adminlaw/

In "Peril for the Unwary: Use It or Lose It Against The Coastal Commission" on the Abbott & Kindermann Land Use Law Blog, Cori Badgley and Nathan Jones describe a regulated entity that failed to object to an agency's jurisdiction while negotiating with it over two and a half years. When the regulated entity finally raised the issue, the state appellate court found that it was estopped from contesting the agency's jurisdiction. The authors' conclusions:

Most courts are generous to parties who make a continuous and good faith attempt to resolve their disputes notwithstanding the existence of a solid defense. It appears MHH's mistake was in failing to raise the issues following its initial determination that the Coastal Commission lacked jurisdiction. The court's analysis suggested that it was perturbed by MHH's delay in raising the issue to the detriment of the entire legal process.

This case illustrates that while continuing to negotiate, the project proponent should still clearly raise any viable legal defenses from the beginning. If they are not promptly voiced, the defense may be lost.

EMM

Full post as published by New York Public Personnel Law on January 16, 2009 (boomark / email).