Arbitrary And Capricious Action

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

• United States ex rel. DE Lucia v. O'Donovan
  178 F.2d 876· 7th Cir.· 1949-12-08 ·cited 10×
  A parole warrant issued without any information of a parole violation is arbitrary and capricious, allowing immediate habeas corpus review despite the general rule requiring exhaustion of administrative remedies.
• Lancaster v. United States
  153 F.2d 718· 1st Cir.· 1946-02-19 ·cited 10×
  The court held that the local board's classification was not arbitrary or capricious, and any procedural errors were harmless. The judgment of conviction is affirmed.
• Veillette v. Bowles
  150 F.2d 862· Emer. Ct. App.· 1945-08-20 ·cited 10×
  The court held that the Emergency Price Control Act authorizes the Administrator to control the rent of a garage when it is rented in connection with a dwelling house.
• Ickes v. Underwood
  141 F.2d 546· D.C. Cir.· 1944-03-20 ·cited 10×
  The court held that the district court erred in substituting its judgment for that of the executive department regarding the mineral character of the land.
• Callahan v. Price
  505 F.2d 83· 5th Cir.· 1974-12-13 ·cited 9×
  The court held that the plaintiff failed to prove his non-renewal was for constitutionally impermissible reasons, affirming the lower court's decision based on factual findings.
• Trister v. Univ. OF Miss.
  420 F.2d 499· 5th Cir.· 1969-10-09 ·cited 9×
• United States v. Dal Santo
  205 F.2d 429· 7th Cir.· 1953-06-25 ·cited 9×
  The court held that the failure to produce the FBI report did not render the registrant's classification illegal, and that the Selective Service boards' decisions were not arbitrary or capricious.
• The Milk Comm'n v. Dade Cnty. Dairies, Inc.
  145 Fla. 579· Fla.· 1940-12-20 ·cited 9×
  The Florida Supreme Court reviewed and quashed a temporary injunction restraining the Milk Commission from enforcing Order No. 22-38, which regulated milk bottle deposits and prohibited rebate schemes in the dairy industry. The Court upheld the constitutionality of the Milk Commi
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  796 F. Supp. 1477· N.D. Fla.· 1992-06-15 ·cited 8×
  The court held that claims alleging the denial of all economically viable use of land are not ripe until the landowner seeks approval for development under current regulations and is denied. Claims for just compensation are also not ripe until state remedies are exhausted.
• Curto v. City OF Harper Woods
  954 F.2d 1237· 6th Cir.· 1992-01-28 ·cited 8×
  The court held that the district court erred in granting summary judgment on the plaintiff's claim that the ordinance was an unreasonable means of advancing a legitimate governmental interest, as the record was insufficient to determine if the 'three cars per bay' limit was arbit
• Smith v. Town OF Eaton
  910 F.2d 1469· 7th Cir.· 1990-08-21 ·cited 8×
  The court affirmed the district court's grant of summary judgment, finding the appellant's constitutional claims lacked merit and imposing sanctions on his counsel for a substandard brief.
• Fla. Mining & Materials Corp. v. City OF Port Orange
  518 So. 2d 311· Fla. 5th DCA· 1987-12-03 ·cited 8×
  Florida Mining & Materials Corporation sought certiorari review of a city council decision denying its application for a special exception to construct a cement batch plant in a light industrial district. The court held that the city's denial was arbitrary and unsupported by comp
• Breese v. AWI, Inc.
  823 F.2d 100· 5th Cir.· 1987-07-30 ·cited 8×
  A shipowner's impermissibly lax investigation into a seaman's claim for maintenance and cure, particularly when not based on medical advice, can constitute arbitrary and capricious conduct warranting punitive damages and attorney's fees.
• Romeo v. Centeno and Bruce A. Coane
  817 F.2d 1212· 5th Cir.· 1987-06-01 ·cited 8×
  The court held that the consular officer's decision to deny Centeno a visa is not reviewable by a federal court.
• Fred v. Cherry V. the United States
  640 F.2d 1184· Ct. Cl.· 1980-11-19 ·cited 8×
  The court held that the plaintiff has no judicial remedy for the alleged abuse of discretion by the Secretary of the Air Force, as the claim sounds in tort and the court lacks jurisdiction over such claims against the United States.
• State v. Eash
  367 So. 2d 661· Fla. 2d DCA· 1979-01-31 ·cited 8×
  The State appeals a trial court's dismissal of a marijuana possession charge after the state attorney arbitrarily refused to consent to the defendant's entry into a pretrial intervention program. The court holds that while prosecutorial consent is required by statute, a trial cou
• Camenisch v. United States
  553 F.2d 1271· D.C. Cir.· 1976-10-07 ·cited 8×
• State of Tex. v. The United States
  537 F.2d 466· Ct. Cl.· 1976-07-09 ·cited 8×
  The court held that the Federal-State Disaster Assistance Agreement did not provide a basis for the claim made by Texas.
• Urbina v. The United States
  530 F.2d 1387· Ct. Cl.· 1976-03-17 ·cited 8×
  The court held that the agency's actions in reducing the plaintiff's pay and removing him from his job were justified and supported by substantial evidence, and that the government was not entitled to recover excess salary paid to the plaintiff.
• 7800 Bldg., Inc. v. City OF S. Miami
  305 So. 2d 860· Fla. 3d DCA· 1974-12-31 ·cited 8×
  A municipal resolution cannot alter an assessment formula established by ordinance, and assessments based solely on zoning classification can be arbitrary and unconstitutional.
• McKEAND v. Laird
  490 F.2d 1262· 9th Cir.· 1973-10-09 ·cited 8×
  The court held that the denial of a security clearance was supported by substantial evidence, including findings that the applicant's homosexuality posed a threat of disclosure of classified information due to potential coercion.
• Platts v. Div. OF Bond Fin. OF the Dep't OF Gen. Servs. of the State of Fla.
  275 So. 2d 231· Fla.· 1973-03-07 ·cited 8×
  The Florida Supreme Court upheld the validation of $7 billion in state bonds to finance a Volusia County Bridge project, rejecting appellants' objections as falling outside judicial review and lacking legal merit.
• Grausam v. Henry S. Murphey, M.D.
  448 F.2d 197· 3d Cir.· 1971-09-07 ·cited 8×
  The court held that a probationary public employee's interest in continued employment is conditional and does not require a pre-termination hearing to satisfy due process, especially when balanced against the state's interest in efficient administration.
• Sunny Hill Farms Dairy Co., Inc. v. Hardin
  446 F.2d 1124· 8th Cir.· 1971-08-25 ·cited 8×
  The court held that the fifteen-cent location differential in the St. Louis Milk Marketing Order was statutorily permissible and constitutionally valid.
• ST. JOE Paper Co. v. Mickler
  241 So. 2d 415· Fla. 1st DCA· 1970-11-17 ·cited 8×
  St. Joe Paper Company appealed a judgment denying agricultural zoning for a 500-acre parcel of its timberland in St. Johns County, Florida. The court upheld the County Agricultural Zoning Board's determination that the land was not being used in a bona fide forestry operation as
• Wienberg v. The United States
  425 F.2d 1244· Ct. Cl.· 1970-05-15 ·cited 8×
  The court held that the plaintiff failed to demonstrate that the IRS applied an improper standard or acted arbitrarily in denying his promotion in absentia, and thus the Board of Appeals and Review's decision denying back pay was correct.
• Hetrick M. Huling v. The United States
  401 F.2d 998· Ct. Cl.· 1968-10-18 ·cited 8×
  The court held that the removal notices substantially complied with regulations and that the plaintiff failed to establish claims of reprisal, discrimination, or arbitrary action, thus denying his motions and dismissing the petition.
• Metro. Dade Cnty. Water & Sewer Bd. v. Cmty. Utils. Corp.
  200 So. 2d 831· Fla. 3d DCA· 1967-07-05 ·cited 8×
  A regulatory board's determination of executive salary allowances and rate of return must be based on competent substantial evidence, not mere familiarity or opinion.
• Jordan v. United Ins. Co. OF Am.
  289 F.2d 778· D.C. Cir.· 1961-03-30 ·cited 8×
  A local court of general jurisdiction has the authority to conduct a trial de novo to review administrative action when no specific statutory provision for judicial review exists, and such a trial de novo can satisfy due process requirements.
• Steier v. NEW York State Educ. Comm'r
  271 F.2d 13· 2d Cir.· 1959-09-22 ·cited 8×
  The dissenting judge believes the plaintiff should have an opportunity to prove his claims of arbitrary dismissal from college, and that the case should be remanded for trial.
• Gottfried Andrew Anderson and Anna Maria Anderson v. The City OF N. Miami
  99 So. 2d 861· Fla.· 1957-12-20 ·cited 8×
  Property owners challenged special assessments levied by the City of North Miami for street improvements, including widening, repaving, and lighting installation. The Florida Supreme Court upheld the assessments as substantially valid but reversed in part, holding that costs for
• Phillips Petroleum Co. v. Nat'l Labor Relations Bd.
  206 F.2d 26· 5th Cir.· 1953-08-06 ·cited 8×
  The court held that the National Labor Relations Board was justified in finding that the apartment hotel operation and maintenance employees, along with other company employees, constituted an appropriate bargaining unit.
• Puget Sound Power & Light Co. v. Pub. Util. Dist. NO. 1 OF Whatcom Cnty.
  123 F.2d 286· 9th Cir.· 1941-10-24 ·cited 8×
  The court held that the public utility district's taking of properties was a public necessity and that the trial court did not err in its rulings on evidence or jury instructions regarding just compensation.
• J.D. v. State
  920 So. 2d 117· Fla. 4th DCA· 2006-01-25 ·cited 7×
  J.D. appeals her adjudication of delinquency for marijuana possession found after a school official questioned her based on a Crime Watch tip. The Fourth District Court of Appeal held that school officials need not meet the constitutional standard of reasonable suspicion to detai
• Leaf v. Supreme Court OF the State OF Wis.
  979 F.2d 589· 7th Cir.· 1992-11-12 ·cited 7×
  The Rooker-Feldman doctrine bars federal district courts from reviewing claims that are inextricably intertwined with state court judgments, but it does not bar claims brought by individuals who were not parties to the state proceedings.
• City of Miami Beach v. Benhow Realty, Inc.
  168 F.2d 378· 5th Cir.· 1948-06-04 ·cited 7×
  The court held that the preliminary injunction was properly issued because the allegations presented grave questions regarding the ordinance's arbitrary enforcement and potential violation of constitutional rights, and the injury to appellees would be irreparable if denied.
• Enge v. Clark
  144 F.2d 638· 9th Cir.· 1944-06-30 ·cited 7×
  The court held that a registrant cannot challenge his Selective Service classification via habeas corpus before reporting for induction, as established in Falbo v. United States.
• United States v. ONE 1985 Mercedes
  917 F.2d 415· 9th Cir.· 1990-10-25 ·cited 6×
  The court held that the district court did not err in denying discovery concerning the government's civil forfeiture policies, and therefore affirmed the grant of summary judgment.
• Cont'l Training Servs., Inc. v. Lauro Cavazos
  893 F.2d 877· 7th Cir.· 1990-01-10 ·cited 6×
  The Department of Education's interpretation of 'otherwise eligible' in 20 U.S.C. § 1094(c)(1)(D) is contrary to the plain meaning of the statute, and therefore, the agency is not entitled to deference.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Weigner v. The City OF NEW York
  852 F.2d 646· 2d Cir.· 1988-07-14 ·cited 6×
  The dissenting judge argues that New York City's tax foreclosure procedures are constitutionally invalid due to insufficient notice and arbitrary "release" provisions, violating due process and equal protection.
• McCARTHY Bros. Constr. Co. v. Pierce
  832 F.2d 463· 8th Cir.· 1987-10-22 ·cited 6×
  The court held that the contract's definition of substantial completion, which required a HUD representative's signature on a Trip Report, controlled over the architect's certification, thus denying the incentive fee claim.
• Hillsborough Cnty. Bd. of Cnty. Comm'rs v. Longo
  505 So. 2d 470· Fla. 2d DCA· 1987-02-27 ·cited 6×
  Hillsborough County Board of County Commissioners sought certiorari review of a circuit court order that overturned the Board's zoning decision denying a property owner's request to rezone from residential to commercial use. The appellate court granted certiorari, finding the cir
• Harvey v. Merit Sys. Prot. Bd.
  802 F.2d 537· D.C. Cir.· 1986-10-07 ·cited 6×
  The court held that the Board's findings that Harvey committed prohibited personnel practices by deliberately idling Gorsey and subjecting him to arbitrary and capricious treatment were not supported by substantial evidence.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Ewing v. Bd. OF Regents OF the Univ. OF Mich.
  742 F.2d 913· 6th Cir.· 1984-09-06 ·cited 6×
  The court held that the arbitrary and capricious deprivation of a constitutionally cognizable right, arising from an implied contractual understanding of non-arbitrary dismissal, states a valid cause of action under 42 U.S.C. § 1983.
• Smith v. Snow
  722 F.2d 630· 11th Cir.· 1983-12-14 ·cited 6×
  The court held that the Georgia Parole Board's unfettered discretion in clemency proceedings means no constitutional right to procedural due process or Eighth Amendment protection against arbitrary application of the death penalty at this stage.
• Conway v. Watt
  717 F.2d 512· 10th Cir.· 1983-09-21 ·cited 6×
  The court held that the absence of a date on an oil and gas drawing entry card cannot be a per se disqualification, as it is a trivial, non-substantive error.
• S.W. v. State
  431 So. 2d 339· Fla. 2d DCA· 1983-05-18 ·cited 6×
  The court held that the City of Palmetto's curfew ordinance is unconstitutional because it unduly infringes upon the personal rights and liberties of minors.
• United States Fid. & Guar. Co. v. The United States
  676 F.2d 622· Ct. Cl.· 1982-04-07 ·cited 6×
  The court, in a concurring opinion, suggests that while the contracting officer's actions may have been negligent, the extent of his duty to protect the surety against loss has not been clearly defined in precedent.