Arbitrary And Capricious Action

427 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Millard McKINNEY v. Pate
  20 F.3d 1550· 11th Cir.· 1994-05-05 ·cited 186×
  The Eleventh Circuit held that a government employee with a state-created property interest in employment who alleges pretextual termination states only a procedural due process claim, not a substantive due process claim, under the Fourteenth Amendment. The court overruled ten ye
• Mrs. Lola Hornsby v. Allen
  326 F.2d 605· 5th Cir.· 1964-01-07 ·cited 139×
  The court's opinion, as interpreted by the dissenter, classifies the refusal of a liquor license as adjudicative, not legislative, potentially misleading future cases.
• de Arroyo v. Sindicato de Trabajadores Packinghouse, AFL-CIO
  425 F.2d 281· 1st Cir.· 1970-04-17 ·cited 122×
  The court held that the Union's arbitrary and perfunctory handling of grievances constituted a breach of its duty of fair representation, barring the employer's exhaustion defense, but the suit against the Union was barred by the statute of limitations. Reinstatement is a permiss
• Billiteri v. United States Bd. OF Parole & Members of the United States Bd. of Parole
  541 F.2d 938· 2d Cir.· 1976-08-30 ·cited 111×
  The court held that the district court lacked jurisdiction to conduct a de novo parole hearing and order release, and that the Parole Board could consider the full circumstances of the offense behavior, including information in the presentence report, even if not directly related
• Willa Johnson v. Branch
  364 F.2d 177· 4th Cir.· 1966-06-06 ·cited 104×
  The court held that the school board's refusal to renew the plaintiff's teaching contract was arbitrary and capricious, likely motivated by her civil rights activities, and thus violated her constitutional rights.
• Atl. Coast Line R.R. Co. v. City of Gainesville
  83 Fla. 275· Fla.· 1922-02-22 ·cited 103×
  The Florida Supreme Court reversed a judgment requiring the Atlantic Coast Line Railroad to pay a proportionate share of street paving costs in addition to paving between its rails, holding that such a special assessment violates due process and equal protection because the railr
• City of Miami Beach v. The Tex. Co.
  141 Fla. 616· Fla.· 1940-01-23 ·cited 93×
  City of Miami Beach sought to enforce an ordinance prohibiting petroleum storage tanks within 1,000 feet of residential buildings, but the Florida Supreme Court upheld as applied to The Texas Company's bulk plant, which had operated with city approval for many years. The court af
• Nat'l Labor Relations Bd. v. GUY F. Atkinson Co.
  195 F.2d 141· 9th Cir.· 1952-02-29 ·cited 88×
  The court held that the National Labor Relations Board's order requiring reinstatement was arbitrary and capricious because it retroactively applied a new policy to conduct that occurred when the Board had a contrary policy, causing inequitable hardship.
• Consol. Land Co. v. Tyler
  88 Fla. 14· Fla.· 1924-05-15 ·cited 86×
  Florida Supreme Court held that while the legislature has broad authority to create special tax districts for public improvements, a district's formation must have a substantial and rational relation to benefits that will accrue to the taxed property. Where a district arbitrarily
• Starnes v. Honorable Matthew F. McGUIRE
  512 F.2d 918· D.C. Cir.· 1974-11-08 ·cited 79×
  The court held that it lacked jurisdiction to review a transfer order after the case file was physically transferred to the transferee court, and that the transfer of Small's case to the District of Kansas was appropriate under 28 U.S.C. § 1404(a) given the factual issues involve
• City of Miami v. Rosen
  151 Fla. 677· Fla.· 1942-11-03 ·cited 77×
  Property owners challenged a zoning ordinance that classified their land as B-1 instead of the more favorable B-3 classification, seeking injunctive relief and a declaration that the ordinance was unconstitutional and discriminatory. The Florida Supreme Court reversed the lower c
• Sinaloa Lake Owners Ass'n v. City OF Simi Valley
  882 F.2d 1398· 9th Cir.· 1989-01-06 ·cited 76×
  The court held that the plaintiffs' Fifth Amendment taking claim was not ripe because they failed to seek compensation through available state procedures, but their Fourteenth Amendment due process claim was ripe and stated a claim upon which relief could be granted.
• Freeman v. The Gould Special Sch. Dist. OF Lincoln Cnty.
  405 F.2d 1153· 8th Cir.· 1969-01-15 ·cited 76×
  The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
• Wheeler v. City OF Pleasant Grove
  746 F.2d 1437· 11th Cir.· 1984-11-12 ·cited 75×
  The district court erred by failing to award damages on remand, as the prior appellate decision established the plaintiffs' entitlement to damages and the only remaining issue was the amount.
• G.T. Scott v. Greenville Cnty.: C. Daniel Riddle
  716 F.2d 1409· 4th Cir.· 1983-09-14 ·cited 70×
  The court held that the plaintiff has standing to sue for racial discrimination and that the denial of a building permit may violate due process if arbitrary or capricious, but damages for delays caused by a state court appeal are limited.
• ORR v. Trinter
  444 F.2d 128· 6th Cir.· 1971-06-16 ·cited 70×
  A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.
• Metro. Dade Cnty. v. Blumenthal
  675 So. 2d 598· Fla. 3d DCA· 1995-06-21 ·cited 65×
  Metropolitan Dade County petitions for certiorari to review a circuit court's decision that voided the County Commission's denial of a rezoning application for an apartment complex. The district court affirmed, holding that the Commission's decision was not supported by competent
• Handee T. LEE v. Nesbitt
  453 F.2d 1309· 9th Cir.· 1971-06-11 ·cited 62×
  The court held that the break-in-employment rule was unreasonable on its face to the extent it cancelled pension credits for an employee who had met minimum employment requirements but suffered an involuntary break due to unavailability of work before reaching retirement age.
• Earl C. Gibbs, Inc. v. Def. Supplies Corp.
  155 F.2d 525· Emer. Ct. App.· 1946-05-08 ·cited 62×
  The court held that the affiliation provisions in Amendment No. 2, which created an irrebuttable presumption of control based on a loan exceeding five percent of monthly sales, were not arbitrary or capricious and were a valid condition for receiving a special subsidy.
• Keco Indus., Inc. v. The United States
  492 F.2d 1200· Ct. Cl.· 1974-02-20 ·cited 56×
  Simple negligence in evaluating a competitor's bid, without bad faith or a complete lack of reasonable basis, is insufficient to warrant recovery of bid preparation expenses by a disappointed bidder.
• Weathers v. W. Yuma Cnty. Sch. Dist. R-J-1
  530 F.2d 1335· 10th Cir.· 1976-02-25 ·cited 52×
  A nontenured teacher's nonrenewal is not a deprivation of liberty or property interests protected by the Fourteenth Amendment unless the reasons for nonrenewal impose a stigma that forecloses future employment opportunities.
• Chatlos v. Brown
  136 F.2d 490· Emer. Ct. App.· 1943-05-28 ·cited 52×
  The court held that the Price Administrator's Maximum Rent Regulation No. 5 was not arbitrary or capricious, and the landlord failed to meet his burden of proof to establish otherwise.
• Littlefield v. City OF Afton
  785 F.2d 596· 8th Cir.· 1986-01-03 ·cited 51×
  The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
• Smith v. Hussmann Refrigerator Co. & Local 13889
  619 F.2d 1229· 8th Cir.· 1980-01-21 ·cited 50×
  The court held that a union's subsequent collaboration with an employer to modify a prior arbitration award, without notice to affected junior employees, constituted a breach of the union's duty of fair representation and a breach of the collective bargaining agreement by the com
• Buhr v. Buffalo Pub. Sch. Dist. NO. 38
  509 F.2d 1196· 8th Cir.· 1974-12-31 ·cited 50×
  A non-tenured public school teacher's termination does not violate due process unless it deprives them of a constitutionally protected liberty or property interest.
• McDONNELL v. Wolff
  483 F.2d 1059· 8th Cir.· 1973-08-02 ·cited 50×
• Webster Groves Tr. Co. v. Saxon
  370 F.2d 381· 8th Cir.· 1966-12-14 ·cited 50×
  The court held that while competing banks have standing to challenge illegal acts of the Comptroller, neither the National Banking Act nor the Administrative Procedure Act requires a formal adversary hearing for the processing of a national bank charter application.
• Schaper v. City OF Huntsville
  813 F.2d 709· 5th Cir.· 1987-04-06 ·cited 49×
  The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
• Wood-Hopkins Contracting Co. v. Roger J. AU & SON, Inc.
  354 So. 2d 446· Fla. 1st DCA· 1978-01-26 ·cited 49×
  Wood-Hopkins Contracting Company and Jacksonville Electric Authority appealed trial court judgments that enjoined JEA from awarding a thermal discharge unit construction contract to Wood-Hopkins and mandated award to the lowest bidder, Roger J. Au & Son, Inc. The appellate court
• Int'l Eng'g Co. v. Elliott L. Richardson
  512 F.2d 573· D.C. Cir.· 1975-05-02 ·cited 49×
  The court held that the district court lacked subject-matter jurisdiction because the dispute was a contract action falling under the Tucker Act, not agency action reviewable under the APA, and thus the injunction was improper.
• Briscoe v. Kusper
  435 F.2d 1046· 7th Cir.· 1970-12-22 ·cited 49×
• Manning v. Nat'l Labor Relations Bd.
  324 F.2d 857· 5th Cir.· 1963-11-27 ·cited 48×
  The court held that the Regional Director's determination of election objections was final and binding, and the election results were valid despite alleged threats.
• Wolpe v. Poretsky
  144 F.2d 505· D.C. Cir.· 1944-06-19 ·cited 48×
  Adjoining property owners have a right to intervene in a suit to enjoin a zoning order if their interests may be inadequately represented by existing parties and their application is timely.
• Wilwording v. Swenson
  502 F.2d 844· 8th Cir.· 1974-09-10 ·cited 46×
  The court held that the petitioner's claim of punishment without any evidence is cognizable in habeas corpus and not barred by res judicata, collateral estoppel, controlling weight, or waiver, and is not foreclosed by the nonretroactivity of Wolff v. McDonnell.
• Tomlinson v. United States
  216 F.2d 12· 9th Cir.· 1954-09-15 ·cited 46×
  The court held that the registrant's claims of arbitrary classification and denial of a full and fair hearing were without merit, and that the appeal board's classification had a basis in fact.
• United States ex rel. Berman v. Craig
  207 F.2d 888· 3d Cir.· 1953-11-27 ·cited 46×
  The court held that the local board's failure to consider the registrant's change in status and its premature issuance of an induction order violated his procedural rights under Selective Service Regulations.
• Amsden v. Moran
  904 F.2d 748· 1st Cir.· 1990-05-29 ·cited 44×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and the available state remedies were adequate to satisfy due process requirements.
• Skinner v. The United States
  594 F.2d 824· Ct. Cl.· 1979-02-21 ·cited 44×
  The court held that the Air Force violated its own regulations and statutes in rating the plaintiff, leading to his illegal separation, and that the Correction Board's denial of relief was arbitrary and capricious.
• Dino Bello v. Walker
  840 F.2d 1124· 3d Cir.· 1988-03-01 ·cited 42×
  Municipal officials' deliberate and arbitrary abuse of power to deny a building permit can violate substantive due process, but mere delays in issuing permits do not constitute an unconstitutional taking of property.
• del Casal v. E. Airlines, Inc.
  634 F.2d 295· 5th Cir.· 1981-01-16 ·cited 42×
  The court held that a union's refusal to provide a staff attorney to a non-member within the bargaining unit, when it provides such services to members, constitutes a breach of the duty of fair representation, and that the System Board's decision was not invalidated by the union'
• Dilley v. Alexander
  603 F.2d 914· D.C. Cir.· 1979-02-26 ·cited 42×
  The court held that the Army's violation of 10 U.S.C. § 266 was not rendered meaningless by subsequent 'relook boards' and that a new argument raised in a second petition for rehearing would not be considered.
• Brady v. Town OF Colchester
  863 F.2d 205· 2d Cir.· 1988-12-01 ·cited 41×
  The court held that the Bradys presented sufficient evidence to create a genuine issue of material fact regarding their equal protection and substantive due process claims, requiring reversal of summary judgment on those claims.
• Jarzynka v. St. Thomas Univ. Sch. of Law
  310 F. Supp. 2d 1256· S.D. Fla.· 2004-03-23 ·cited 40×
  The court held that a university is not liable in negligence for academic or disciplinary decisions absent malice, and that tortious interference claims do not lie against an agent of a contracting party.
• Nadeau v. Helgemoe
  561 F.2d 411· 1st Cir.· 1977-08-24 ·cited 40×
  The court held that the district court's broad application of a 'penological purpose' test to prison conditions was not constitutionally required, but affirmed the specific finding regarding access to courts.
• Daniel v. Fla. State Tpk. Auth.
  213 So. 2d 585· Fla.· 1968-07-31 ·cited 40×
  A statute authorizing an administrative agency to promulgate rules and regulations does not violate due process because it does not require a pre-adoption hearing, since quasi-legislative administrative functions do not necessarily require hearings and statutory publication and j
• United States v. Hagaman
  213 F.2d 86· 3d Cir.· 1954-05-13 ·cited 40×
  The court held that the National Appeal Board's reclassification of the registrant from conscientious objector to available for induction was arbitrary and without a lawful basis, rendering the induction order invalid.
• Cramer v. France
  148 F.2d 801· 9th Cir.· 1945-03-29 ·cited 40×
  The court held that a registrant cannot complain of the local board's conduct after appealing to the appeal board, whose decision supersedes the local board's. The court also found no denial of due process in the classification process.
• McGLASSON v. The United States
  397 F.2d 303· Ct. Cl.· 1968-06-14 ·cited 39×
  The court held that the plaintiff failed to sustain her burden of proof for recovery and that the petition must be dismissed, agreeing with the outcome but not the plurality's reasoning.
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×
  The dissenting judge believes the District Judge's decision should be affirmed.
• Armour & Co. v. Reconstr. Fin. Corp.
  162 F.2d 918· Emer. Ct. App.· 1947-06-30 ·cited 38×
  The court held that the regulation authorizing the withholding of subsidy payments for violations of price regulations was valid and did not violate due process, as the protest procedure provided an adequate opportunity for a hearing.