First Circuit: Global Tower Assets LLC v. Town of Rome

Administrative law

As planning agency's decision is subject to mandatory statutory review before another panel, the agency's decision is insufficiently final for judicial review under the relevant Federal statute.

For purposes of pleading, finality is distinct from exhaustion, which as an affirmative defense, doesn't have to be pleaded.

No procedural due process claim, as there were state avenues to challenge.

Procedure too run-of-the-mill for a procedural due process challenge.

http://media.ca1.uscourts.gov/pdf.opinions/15-1140P-01A.pdf