Arbitrary And Capricious Action

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

• Town OF BAY Harbor Islands v. Burk
  114 So. 2d 225· Fla. 3d DCA· 1959-08-18 ·cited 22×
  The appellate court held that the evidence was insufficient to support the trial court's finding that the zoning ordinance was invalid as applied to the plaintiffs' property.
• ONE v. Otto K. Olesen
  241 F.2d 772· 9th Cir.· 1957-02-27 ·cited 22×
  The court held that the October 1954 issue of 'One' magazine is non-mailable matter under 18 U.S.C.A. § 1461 because its contents are obscene, lewd, lascivious, and filthy, tending to deprave and corrupt the morals of readers.
• Jewell v. United States
  208 F.2d 770· 6th Cir.· 1953-12-22 ·cited 22×
  The court held that the National Selective Service Appeal Board's classification of appellants as 1-A was arbitrary, capricious, and without basis in fact, and that there was no basis for denying ministerial exemption.
• Cont'l OIL Co. v. United States
  184 F.2d 802· 9th Cir.· 1950-10-16 ·cited 22×
  The court held that the Secretary of the Interior lacked the authority to unilaterally set minimum values for crude oil royalties under the leases, but that lessees were obligated to pay royalties based on the actual market value, which the trial court correctly determined to be
• Ex parte Stanziale. Appeal of Paullin
  138 F.2d 312· 3d Cir.· 1943-10-06 ·cited 22×
  The court held that the wife failed to demonstrate that the draft board's reclassification of her husband from III-A to I-A was arbitrary or capricious, thus not entitling him to judicial relief.
• White v. Anchor Motor Freight, Inc.
  899 F.2d 555· 6th Cir.· 1990-04-04 ·cited 21×
  The court held that the employee's claim against the union for breach of the duty of fair representation could proceed independently of the claim against the employer, even after the employer's liability was dismissed.
• Charles O. Finley & Co., Inc. v. Bowie K. Kuhn
  569 F.2d 527· 7th Cir.· 1978-04-07 ·cited 21×
  Testimony regarding owners' understanding of an agreement was admissible on the issue of notice, not contract interpretation. Any error in considering it for interpretation was harmless.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• The City OF Miami v. Walker
  169 So. 2d 842· Fla. 3d DCA· 1964-12-15 ·cited 21×
  A valid zoning ordinance requiring 750-foot separation between gasoline stations is enforceable against a particular property owner even though the city previously granted numerous variances and permitted many stations within the prohibited distance, as failure to enforce a valid
• Osborne v. Emory Folmar
  735 F.2d 1316· 11th Cir.· 1984-07-06 ·cited 20×
  A plaintiff may challenge a pardon or parole decision on equal protection grounds even if they lack a liberty interest for a due process claim.
• McCARTIN v. Norton
  674 F.2d 1317· 9th Cir.· 1982-04-22 ·cited 20×
  The court holds that McCartin stated a claim only for nonmonetary relief under 28 U.S.C. § 1331(a) for arbitrary and capricious agency conduct, rejecting claims under the First Amendment, APA, and for damages.
• Rowell v. Andrus
  631 F.2d 699· 10th Cir.· 1980-10-06 ·cited 20×
  The dissenting judge believes a second notice was adequately provided, even if the final rule appeared in the Federal Register slightly late, because the filing date and prior notice of the proposed rule satisfied statutory requirements.
• City OF Coral Gables v. Wood
  305 So. 2d 261· Fla. 3d DCA· 1974-12-31 ·cited 20×
  The court held that an appeal should not be dismissed solely for failure to certify transcript deposit when insolvency tolled the payment and the transcript was available.
• United States v. Ohio Oil Co.
  163 F.2d 633· 10th Cir.· 1947-09-10 ·cited 20×
  The court held that the Secretary of the Interior had the authority under the lease and applicable regulations to fix a minimum value for royalty oil, and the trial court erred in substituting its judgment for the Secretary's determination.
• Adams v. Bowles
  144 F.2d 357· Emer. Ct. App.· 1944-07-31 ·cited 20×
  The court held that the Price Administrator has the authority to regulate rents for company housing units rented to employees, but that applying the April 1, 1941 maximum rent date to this class of housing was arbitrary and inequitable.
• Davis v. Nelson
  329 F.2d 840· 9th Cir.· 1964-03-13 ·cited 19×
  The Secretary of the Interior, through the Bureau of Land Management, has the authority to initiate contest proceedings to determine the validity of unpatented mining claims, and claimants must exhaust administrative remedies before seeking judicial review.
• Bronemann v. United States (three cases)
  138 F.2d 333· 8th Cir.· 1943-10-28 ·cited 19×
  The court held that evidence of arbitrary or unfair classification by draft boards is not a defense to a charge of refusing to obey a draft order.
• State v. Ellis Knox
  153 Fla. 165· Fla.· 1943-06-15 ·cited 19×
  Florida Supreme Court reversed the denial of a reciprocal electrician's license by Miami's Examining Board of Electricians, holding that the Board's discretionary power to issue licenses under a reciprocity ordinance cannot be exercised arbitrarily or based on personal prejudice
• Miami-Dade Cnty. v. Church & Tower, Inc.
  715 So. 2d 1084· Fla. 3d DCA· 1998-08-12 ·cited 18×
  Miami-Dade County appealed the trial court's order granting a temporary injunction and staying its dissolution in a bid protest case involving Church & Tower (C&T). The appellate court reversed, holding that C&T failed to demonstrate a substantial likelihood of success on the mer
• E. Tex. Motor Freight Lines, Inc. v. The United States & the Interstate Commerce Comm'n
  593 F.2d 691· 5th Cir.· 1979-04-23 ·cited 18×
  The dissenting judge believes the Interstate Commerce Commission abused its discretion by granting extensive temporary operating authority without sufficient justification or explanation.
• Roskos v. The United States
  549 F.2d 1386· Ct. Cl.· 1977-02-23 ·cited 18×
  A reassignment to a nonsupervisory position, even at the same grade and pay, constitutes a reduction in rank and an adverse action entitling the employee to procedural rights.
• O-J Transp. Co. v. United States & Interstate Commerce Comm'n
  536 F.2d 126· 6th Cir.· 1976-06-04 ·cited 18×
  The Interstate Commerce Commission did not abuse its discretion or act arbitrarily by denying O-J Transport's application for an automobile parts hauling certificate, as the Commission properly considered relevant transportation factors and was not required to grant preference ba
• Burglin v. Rogers C. B. Morton
  527 F.2d 486· 9th Cir.· 1975-12-19 ·cited 18×
  The court held that the Secretary of the Interior has discretion to refuse to issue oil and gas leases, and that the initial rejection of offers due to illegible signatures was not an abuse of discretion.
• The Albany Welf. Rights Org. DAY Care Ctr., Inc. v. Schreck
  463 F.2d 620· 2d Cir.· 1972-06-09 ·cited 18×
  The court held that the complaint sufficiently alleged a claim for relief, stating that plaintiffs had a factual foundation to establish retaliation by defendants.
• United States v. Mischke
  285 F.2d 628· 8th Cir.· 1961-01-18 ·cited 18×
  The court held that the necessity or expediency of taking property for a public use is a legislative, not a judicial, question, and therefore the trial court lacked jurisdiction to review the Secretary of the Army's determination.
• S. Cent. Bell Tel. Co. v. La. Pub. Serv. Comm'n
  744 F.2d 1107· 5th Cir.· 1984-10-11 ·cited 17×
  The court held that the district court acted within its authority in issuing a modified preliminary injunction requiring the Louisiana Public Service Commission to grant a telephone rate increase sufficient to cover federally mandated depreciation expenses.
• Sanitarians' Registration Bd. of the State of Fla. v. Solomon
  148 So. 2d 744· Fla. 1st DCA· 1963-01-22 ·cited 17×
  The Sanitarians' Registration Board appealed a mandamus order compelling it to issue a certificate of registration to Eugene Solomon without examination under the 'grandfather clause' of Florida law. The court reversed, holding that mandamus was not the proper remedy because dete
• State ex rel. Biscayne Stevedoring Co. v. Turner
  143 Fla. 424· Fla.· 1940-06-21 ·cited 17×
  The Florida Supreme Court reviewed a mandamus petition by Biscayne Stevedoring Company against the Broward County Port Authority for denying its renewal permit to operate as a stevedore and offering only a restrictive permit limited to two shipping lines. The court held that the
• Gardens Country Club, Inc. v. Palm Beach Cnty.
  712 So. 2d 398· Fla. 4th DCA· 1998-03-11 ·cited 16×
  Gardens Country Club sought damages for inverse condemnation and due process violations after Palm Beach County refused to certify its development application under the 1980 Comprehensive Plan, instead requiring compliance with a proposed 1989 Plan that reduced allowable density.
• Leopoldo Morales v. Garijak, Inc.
  829 F.2d 1355· 5th Cir.· 1987-10-19 ·cited 16×
  The court held that the jury instructions mischaracterized the standard of fault for compensatory damages, but this error was harmless because the plaintiff had a higher burden of proof.
• Lynch v. United States Parole Comm'n & Michael Quinlan
  768 F.2d 491· 2d Cir.· 1985-07-22 ·cited 16×
  The court held that the failure to disclose the pre-sentence report to the prisoner's counsel violated due process, but affirmed the Commission's right to deviate from the hearing examiners' recommendations and reversed the district court's order regarding consideration of co-def
• Plantation Residents' Ass'n, Inc. v. Sch. Bd. OF Broward Cnty.
  424 So. 2d 879· Fla. 1st DCA· 1982-12-16 ·cited 16×
  The court held that the school board had the authority to maintain a racial mixture in schools and that minor deficiencies in an economic impact statement do not warrant reversal if proceedings are not rendered unfair.
• Chisholm v. Def. Logistics Agency & Merit Sys. Prot. Bd.
  656 F.2d 42· 3d Cir.· 1981-07-28 ·cited 16×
  The conviction under 18 U.S.C. § 113(d) necessarily decided the issue of whether the appellant struck and shoved the victim, supporting his dismissal.
• Excavation Constr., Inc. v. The United States
  494 F.2d 1289· Ct. Cl.· 1974-04-17 ·cited 16×
  The court held that the Architect of the Capitol did not act arbitrarily or capriciously in awarding the contract to the low bidder, despite minor informalities in the bid, and thus the disappointed bidder is not entitled to recover damages.
• Motto v. The United States
  348 F.2d 523· Ct. Cl.· 1965-07-16 ·cited 16×
  The court held that the plaintiff is entitled to back pay and allowances from the date of his illegal discharge until his service was legally terminated by the Army's correction of his records.
• United States v. van Hook
  284 F.2d 489· 7th Cir.· 1960-11-22 ·cited 16×
  The court held that the admission of official Selective Service records and the defendant's admission were proper, and that the trial court had a sufficient factual basis for the classification.
• Gliceria Ramos Vda De Sinlao v. United States & Sumner G. Whittier
  271 F.2d 846· D.C. Cir.· 1959-11-06 ·cited 16×
  The court held that the Administrator's termination of compensation payments was an arbitrary refusal to perform a statutory duty and was not insulated from judicial review by the finality provision.
• Lewis v. The State Rd. Dep't OF Fla.
  95 So. 2d 248· Fla.· 1957-04-24 ·cited 16×
  Property owners adjacent to U.S. Highway 98 challenged the State Road Department's authorization of additional railroad tracks and construction of an overpass, claiming it would damage their garage business through obstruction of light, air, and view. The Florida Supreme Court af
• Goetz v. United States
  216 F.2d 270· 9th Cir.· 1954-10-14 ·cited 16×
  The court held that the appeal board's classification of the registrant as I-A was without basis in fact, rendering the subsequent induction order invalid.
• Acad. Express, LLC v. Broward Cnty.
  53 So. 3d 1188· Fla. 4th DCA· 2011-02-09 ·cited 15×
  The court held that a bid protest alleging vendor misrepresentation, without alleging facial non-responsiveness or the awarding body's knowledge of the misrepresentation, does not state a cause of action for arbitrary and capricious conduct.
• City OF Live OAK v. Arnold
  468 So. 2d 410· Fla. 1st DCA· 1985-04-25 ·cited 15×
  The City of Live Oak appeals a summary judgment finding it liable for wrongfully denying and then capriciously handling Arnold's building permit application. The court reverses, holding that the city's sovereign immunity shields it from liability for permit denial decisions that
• S. Coop. Dev. Fund v. Driggers
  696 F.2d 1347· 11th Cir.· 1983-02-04 ·cited 15×
  The court held that the county commission could not deny a preliminary subdivision plat application based on reasons not contained within the applicable subdivision regulations, and that statutory provisions cited did not grant independent discretion to deny the plat.
• York v. State ex rel. T. K. Jones
  144 Fla. 216· Fla.· 1940-09-06 ·cited 15×
  The Florida Supreme Court affirmed a lower court's decision to issue a writ of mandamus, compelling the State Board of Dental Examiners to issue a dentistry certificate to an applicant. The court held that mandamus is an appropriate remedy when a qualified applicant is arbitraril
• Debes v. The City OF KEY W.
  690 So. 2d 700· Fla. 3d DCA· 1997-04-02 ·cited 14×
  The court held that the city's denial of rezoning was arbitrary, discriminatory, and unreasonable, constituting impermissible spot zoning.
• Resolution Tr. Corp. for Broadview Fed. Sav. Bank v. Town OF Highland Beach
  18 F.3d 1536· 11th Cir.· 1994-04-19 ·cited 14×
  The Eleventh Circuit affirmed the district court's grant of injunctive relief and damages award against the Town of Highland Beach for violating a developer's vested property rights in residential plan unit development (RPUD) zoning. The Town's mayor issued a letter in 1980 confi
• Midnight Sessions, Ltd. v. City OF Philadelphia
  945 F.2d 667· 3d Cir.· 1991-10-02 ·cited 14×
  The court held that the City should have been granted judgment notwithstanding the verdict on the takings and procedural due process claims, and on Down South's substantive due process claim, but After Midnight's substantive due process claim requires a new trial.
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• Ford Motor Co. v. Interstate Commerce Comm'n & United States
  714 F.2d 1157· D.C. Cir.· 1983-08-09 ·cited 14×
  The court held that the ICC's dismissal of complaints for failure to join all participating carriers in joint-rate cases was an abuse of discretion, as the relevant statutes did not mandate such joinder and the complainants lacked fair notice of this requirement.
• Thomas v. Sellers
  691 F.2d 487· 11th Cir.· 1982-11-08 ·cited 14×
  The court held that the Alabama parole statutes do not create a liberty interest, and the Board's action in rescheduling a parole hearing was within its statutory discretion.
• Consol. Papers, Inc. v. Nat'l Labor Relations Bd.
  670 F.2d 754· 7th Cir.· 1982-02-12 ·cited 14×
  The court held that the National Labor Relations Board improperly entertained a unit clarification petition filed mid-term of a collective bargaining agreement that clearly defined the bargaining unit, contrary to its own established policy.