Arbitrary And Capricious Action

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

• Smith v. The United States
  654 F.2d 50· Ct. Cl.· 1981-06-17 ·cited 14×
  The Court of Claims denied summary judgment motions and directed the plaintiff to seek vacatur of the district court's transfer order, as the case was improperly transferred.
• Varra v. Dillon Cos., Inc.
  615 F.2d 1315· 10th Cir.· 1980-02-29 ·cited 14×
  An employee must exhaust internal union remedies before suing the employer for breach of a collective bargaining agreement, even if the union breached its duty of fair representation, unless the employee proves futility or union animus.
• United Land Corp. OF Am. v. Hartwell P. Clarke and George R. St. John
  613 F.2d 497· 4th Cir.· 1980-01-17 ·cited 14×
  The court held that the plaintiff had no legitimate claim of entitlement to the soil erosion permit, and therefore was not deprived of any property interest in violation of the fourteenth amendment, nor did the defendants conspire to violate civil rights.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Caton v. Smith
  486 F.2d 733· 7th Cir.· 1973-10-03 ·cited 14×
  The court held that the parole board acted arbitrarily and capriciously in revoking parole based on cooperation with police under misleading assurances.
• United States v. 58.16 Acres OF Land
  478 F.2d 1055· 7th Cir.· 1973-04-13 ·cited 14×
  The denial of a landowner's challenge to the government's right to take property in eminent domain is an appealable order if the challenge raises fundamental issues of bad faith or arbitrariness, even if interlocutory.
• Encina v. Tony Lama Boot Co., Inc.
  448 F.2d 1264· 5th Cir.· 1971-09-24 ·cited 14×
  Summary judgment for defendants is affirmed because the issues presented were legal, not evidentiary, and the union's conduct did not breach its duty of fair representation.
• United States v. Pence
  410 F.2d 557· 8th Cir.· 1969-05-01 ·cited 14×
  The court held that a registrant's reclassification from conscientious objector status to available for military service, based on reasons unrelated to the merits of his claim (like refusal to volunteer for civilian work or political protest), is unlawful and can be challenged wi
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Grubin v. The United States
  333 F.2d 861· Ct. Cl.· 1964-06-12 ·cited 14×
  The dissenting judge believes the statute of limitations begins to run when a service member refuses to appear before a retiring board, and that the majority's decision allowing a plaintiff to extend this period by his own act is erroneous.
• United States v. Vaughn Preston Peebles
  220 F.2d 114· 7th Cir.· 1955-03-04 ·cited 14×
  The court held that the biased and prejudiced action of the Local Board deprived the defendant of a fair hearing and procedural due process, rendering the induction order a nullity.
• United States v. Willis
  211 F.2d 1· 8th Cir.· 1954-03-18 ·cited 14×
  The court held that the district court erred in setting aside the condemnation judgment, finding the government's decision to acquire the tract was not arbitrary or capricious.
• Nat'l Air Freight Forwarding Corp. v. Civil Aeronautics Bd.
  197 F.2d 384· D.C. Cir.· 1952-04-10 ·cited 14×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying an air freight forwarder's application for operating authority due to its railroad control, nor was its treatment of other applicants discriminatory.
• State Airlines, Inc. v. Civil Aeronautics Bd.
  174 F.2d 510· D.C. Cir.· 1949-04-06 ·cited 14×
  The court held that the Civil Aeronautics Board cannot award a certificate of public convenience and necessity to an airline for routes that the airline did not apply for, and that the Board's finding of fitness for such routes lacked evidentiary support.
• Pittsburgh S. S. Co. v. Nat'l Labor Relations Bd.
  167 F.2d 126· 6th Cir.· 1948-04-05 ·cited 14×
  The court held that the National Labor Relations Board's order must be denied enforcement because the trial examiner's findings, adopted by the Board, were demonstrably biased and arbitrary.
• State v. Fla. State Racing Comm'n & Charles F. Baldwin
  158 Fla. 335· Fla.· 1946-12-10 ·cited 14×
  The Florida Supreme Court held that the State Racing Commission arbitrarily denied Palm Beach Jockey Club's application for a conditional permit to conduct harness horse racing, finding the application substantially complied with all statutory requirements and applicable rules. T
• United States ex rel. Goodman v. Hearn
  153 F.2d 186· 5th Cir.· 1946-01-15 ·cited 14×
  The court held that the Selective Service Boards' classification of a registrant as 1-A, denying his claim for exemption as a ministerial student, was final and not subject to judicial review via habeas corpus, absent a showing of arbitrary or capricious action or denial of due p
• Nat'l Collegiate Athletic Ass'n v. Brinkworth
  680 So. 2d 1081· Fla. 3d DCA· 1996-10-09 ·cited 13×
  The NCAA appeals a temporary injunction prohibiting it from enforcing an eligibility ruling that student-athlete Kevin Brinkworth is ineligible to play football for the University of Miami in 1996. The court reverses, holding that the NCAA's internal procedures were adequate and
• Sierra Lake Reserve v. The City OF Rocklin
  938 F.2d 951· 9th Cir.· 1991-07-09 ·cited 13×
• City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co.
  553 So. 2d 1227· Fla. 3d DCA· 1989-08-01 ·cited 13×
  The City of Miami and intervenors challenged a circuit court decision requiring the city to rezone a 1.3-acre parcel of Woodlawn Park Cemetery from residential to commercial zoning. The court held that the city's refusal to rezone constituted unlawful "reverse spot zoning" becaus
• Daniels v. Woodbury Cnty.
  742 F.2d 1128· 8th Cir.· 1984-09-10 ·cited 13×
  The court held that the district court correctly found due process violations in the administration of the general relief program and affirmed the award of damages, but remanded for a more specific injunction and further findings on eligibility standards.
• Woko, Inc. v. Fed. Commc'ns Comm'n
  153 F.2d 623· D.C. Cir.· 1946-01-21 ·cited 13×
  The court held that the Commission's denial of a license renewal based solely on a past, uninfluential concealment of beneficial stock ownership, without considering the station's service quality or other public interest factors, was arbitrary and capricious.
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Rinker Materials Corp. v. Town OF Lake Park
  494 So. 2d 1123· Fla.· 1986-08-21 ·cited 12×
  The court held that procedural irregularities in special assessment proceedings were not substantial enough to deny due process, and the Comprehensive Land Use Plan did not apply to the project.
• Lair v. Fauver
  595 F.2d 911· 3d Cir.· 1979-03-22 ·cited 12×
  The court held that the district court should reconsider the appellant's claim regarding his inter-prison transfer, as a recent state court decision may have created a justifiable expectation of treatment under state law, potentially implicating due process rights.
• The Other Place OF Miami, Inc. v. The City OF Hialeah Gardens
  353 So. 2d 861· Fla. 3d DCA· 1977-12-06 ·cited 12×
  The Other Place, a liquor vendor, appealed the dismissal of its complaint seeking to enjoin enforcement of a city ordinance reducing alcoholic beverage sales closing hours from 3:00 A.M. to 1:00 A.M. The court affirmed the dismissal, holding that the city's regulation of sales ho
• Sch. Bd. OF Leon Cnty. v. Goodson
  335 So. 2d 308· Fla. 1st DCA· 1976-06-30 ·cited 12×
  A school principal lacks authority to enter into contractual agreements binding the School Board without express Board approval, and even if an agreement between a principal and teacher existed, it would be superseded by the teacher's subsequent standard-form annual contract cont
• Metro. Dade Cnty. v. The Babcock Co.
  287 So. 2d 139· Fla. 3d DCA· 1973-12-21 ·cited 12×
  The court held that the trial court did not err in quashing the Board's order denying the developer's application for temporary use of septic tanks.
• Nat'l Labor Relations Bd. v. Local 542
  485 F.2d 387· 3d Cir.· 1973-09-20 ·cited 12×
  The court held that the National Labor Relations Board's order to reinstate Szuchon to the referral list and award back pay was enforceable, as the Union's disparate treatment of Szuchon compared to a union member violated the National Labor Relations Act.
• Unterberg v. The United States
  412 F.2d 1341· Ct. Cl.· 1969-07-16 ·cited 12×
  The court held that the plaintiff failed to present clear and convincing evidence that the Navy's determination of his fitness for duty at the time of his release was arbitrary, capricious, or unsupported by substantial evidence.
• Vitex Mfg. Co., Ltd. v. The Gov't OF the Virgin Islands
  351 F.2d 313· 3d Cir.· 1965-10-13 ·cited 12×
  The court held that the Industrial Incentive Board lacked the power to impose a time limitation on Vitex's temporary permit to employ non-resident labor, and its revocation based on this invalid limitation and unrelated economic factors was arbitrary and capricious.
• Nat'l Labor Relations Bd. v. Hood Corp. & Contractors' Equip. Supply Co.
  346 F.2d 1020· 9th Cir.· 1965-05-24 ·cited 12×
  The court held that an alleged oral agreement regarding voter eligibility is insufficient to override a written consent election agreement that makes the Regional Director's determinations final and binding.
• United States v. Arison Agee
  322 F.2d 139· 6th Cir.· 1963-08-30 ·cited 12×
  The court held that while judicial review of administrative decisions in eminent domain is narrow, it is permissible to review for bad faith, and the District Court correctly found no bad faith in the taking of the entire tract.
• Fort Harrison Telecasting Corp. v. Fed. Commc'ns Comm'n & United States
  324 F.2d 379· D.C. Cir.· 1963-06-27 ·cited 12×
  The dissenting judge believes the Commission's action to transfer Channel 2 from Springfield to St. Louis violates Section 307(b) and is arbitrary.
• City OF Holly Hill v. State of Fla. ex rel. GEM Enters., Inc.
  132 So. 2d 29· Fla. 1st DCA· 1961-07-06 ·cited 12×
  The court held that the city's refusal to transfer Gem's liquor license was arbitrary and that Gem was entitled to a writ of mandamus because a package store is a permissible use in Business Zone AA.
• McMAHON v. City OF Dubuque
  255 F.2d 154· 8th Cir.· 1958-05-08 ·cited 12×
  A city's refusal to rezone property for commercial use, even if it has higher commercial value, is permissible under its police power if it aligns with a comprehensive zoning plan and is not arbitrary or capricious.
• Hsuan WEI v. Robinson
  246 F.2d 739· 7th Cir.· 1957-06-28 ·cited 12×
  An alien admitted for specific training as a foreign official must maintain that status; failure to do so, including refusing to depart as ordered, subjects them to deportation, and the savings clause of the 1952 Act does not preserve a right to ignore status requirements.
• Hamilton Nat. Bank v. Dist. of Columbia
  156 F.2d 843· D.C. Cir.· 1946-06-28 ·cited 12×
  The court held that the administrative classification of banks for tax purposes based solely on charter type was improper and discriminatory. The court reversed and remanded the case, instructing the tax assessor to remove discriminations or cancel the assessment.
• Benesch v. Underwood
  132 F.2d 430· 6th Cir.· 1942-12-17 ·cited 12×
  The court held that the appellant's induction was lawful and the draft boards acted fairly, thus denying habeas corpus relief.
• Lucking v. Delano
  122 F.2d 21· D.C. Cir.· 1941-05-19 ·cited 12×
  The court held that the plaintiff's pleadings failed to allege sufficient facts to overcome the Comptroller's discretion in managing a bank receivership, thus the motion to dismiss was properly granted.
• Sears v. Forbes/Cohen Fla. Props., L.P.
  223 So. 3d 292· Fla. 4th DCA· 2017-07-12 ·cited 11×
  Sears sought declaratory relief challenging a City resolution requiring both the landlord (Forbes/Cohen) and the City to approve any subdivision of anchor tenant space, claiming it unconstitutionally impaired Sears's contract rights and violated substantive due process. The court
• Alnoa G. Corp. v. City OF Houston
  563 F.2d 769· 5th Cir.· 1977-11-23 ·cited 11×
  Federal courts are barred by 28 U.S.C. § 1341 from enjoining state tax collection if a plain, speedy, and efficient remedy exists in state courts, and special street paving assessments are considered 'taxes' for this purpose.
• Parke v. Califano
  564 F.2d 1200· 6th Cir.· 1977-10-26 ·cited 11×
  The district court lacked jurisdiction to review the FDA's decision to initiate enforcement actions, as Parke Davis had an adequate remedy in the pending seizure actions.
• Norbert C. Pearson v. City OF Grand Blanc
  961 F.2d 1211· 6th Cir.· 1992-03-10 ·cited 10×
  The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the denial of a zoning change application was not arbitrary and capricious under substantive due process, as it was rationally related to legitimate zoning concerns like traffic and over-comme
• Lincoln Isaac v. Engle
  646 F.2d 1122· 6th Cir.· 1980-02-08 ·cited 10×
  The court held that Ohio's contemporaneous objection rule could not be used to deny the retroactive benefit of the Robinson decision, as doing so violated due process.
• Richardson v. McFADDEN
  540 F.2d 744· 4th Cir.· 1976-08-30 ·cited 10×
  The court held that the South Carolina Bar Examination's job-relatedness is to be assessed under the Fourteenth Amendment's Equal Protection Clause, and that while the exam generally meets this standard, the grading and application of standards for two individual applicants, Spai
• Bethlehem Steel Corp. v. The United States
  511 F.2d 529· Ct. Cl.· 1975-02-19 ·cited 10×
  The court held that the defendant failed to demonstrate that the weighted guidelines for determining fair and reasonable profit were infeasible to apply to the plaintiff's contracts, and thus the plaintiff had a legal right to their application.
• Hirsch v. The United States
  499 F.2d 1248· Ct. Cl.· 1974-07-19 ·cited 10×
  The court held that a plaintiff denied a promotion due to discretionary decisions by agency officials, even if those decisions were erroneous, has no claim for relief if the officials acted in good faith and within their jurisdiction.
• T. A. Moynahan Props., Inc. v. Lancaster Vill. Coop., Inc.
  496 F.2d 1114· 7th Cir.· 1974-05-21 ·cited 10×
• United States ex rel. Fong FOO v. Shaughnessy
  234 F.2d 715· 2d Cir.· 1955-07-11 ·cited 10×
  A stay of deportation pending appeal should be granted if there is a substantial legal question, and administrative findings contrary to judicially noticed facts are arbitrary.