Brown v. Brown

Nancy Riley filed a petition with the district court alleging the city of Cedar Rapids and building administrator had wrongfully denied her application for a building permit. The district court dismissed the petition finding Riley had failed to exhaust her administrative remedies before seeking judicial relief. On appeal, Riley contends that the doctrine requiring the exhaustion of administrative remedies does not apply for the following reasons: (1) the administrative remedy is inadequate, (2) an appeal of the building administrators decision to the board of adjustment under Iowa Code section 414.10 (1993) is permissive and not mandatory, and (3) the refusal to grant the building permit was arbitrary, capricious, unreasonable, and in violation of the city zoning ordinance. We affirm.