County Council v. Billings, et al.

Developer Eastern Petroleum Company sought the necessary approvals for the proposed expansion of a gas station from the appropriate local agencies, each of which held public hearings. The respondents, a group of nearby residents (citizens), appeared in opposition at the agency level. After the hearings the local agencies granted both zoning approvals. The district council elected to review the zoning decisions, but before any review proceedings, the council withdrew its election to review the local decisions and declared the agency decisions final. The citizens filed an action for judicial review of the council's decision in the circuit court, which dismissed the action. On appeal, the court of special appeals reversed and remanded. At issue was whether the withdrawal of election to review was a final decision and whether the administrative exhaustion requirement precluded the citizens' claim. The Supreme Court affirmed the judgment of the court of special appeals, holding that (1) the citizens were eligible to seek review of the council decision, (2) the citizens exhausted their administrative remedies by appearing at the agency hearings, and (3) the district council may not withdraw its election to review and finalize the local agency decisions without following the statutory procedure to review.