Arbitrary And Capricious Action

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

• Tomanio v. The Bd. OF Regents OF the Univ. OF the State OF NEW York
  603 F.2d 255· 2d Cir.· 1979-06-19 ·cited 6×
  The court held that a chiropractor denied a waiver of licensing requirements without a hearing and statement of reasons is entitled to procedural due process.
• Martin v. Harrah Indep. Sch. Dist.
  579 F.2d 1192· 10th Cir.· 1978-06-30 ·cited 6×
  The court held that the school board's decision to non-renew the plaintiff's contract, based on a shortened compliance period for continuing education credits due to her prior lawful choices, violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Planning & Zoning Bd. OF the Town OF Orange Park v. Eager
  351 So. 2d 402· Fla. 1st DCA· 1977-11-07 ·cited 6×
  Florida appellate court reversed a circuit court's grant of certiorari to the planning and zoning board, holding that the property owners failed to exhaust administrative remedies by appealing to town council before seeking judicial review, and the board's denial of the zoning ex
• Marshall v. Dist. OF Columbia Gov't
  D.D.C.· 1977-04-26 ·cited 6×
  The court affirmed the dismissal of claims related to grooming regulations and the bankruptcy rule's impact on hiring due to lack of jurisdiction, but remanded for further consideration of jurisdictional issues related to a statutory amendment.
• Jemco Mastercraft Homes, Inc. v. Metro. Dade Cnty.
  267 So. 2d 873· Fla. 3d DCA· 1972-10-17 ·cited 6×
  The court affirmed the denial of certiorari review where a developer's request to rezone designated parkland for office construction was properly denied by the County Commission as neither arbitrary nor discriminatory.
• Sierra Club & Citizens for Clean Air & Water v. Hickel
  467 F.2d 1048· 6th Cir.· 1972-09-22 ·cited 6×
  The court held that the district court properly dismissed the amended complaint on the grounds of sovereign immunity and unreviewable agency discretion, as the relief sought would require the disposition of sovereign property.
• Orange Cnty. v. Allie
  238 So. 2d 662· Fla. 4th DCA· 1970-08-31 ·cited 6×
  The Orange County Board of County Commissioners cannot refuse to appropriate funds for personnel hired by the Orange County Budget Commission, as the Commission has the sole authority to determine its staffing needs.
• McCARTHY v. Noren
  370 F.2d 845· 9th Cir.· 1966-11-08 ·cited 6×
  The court held that the second lawsuit was barred by res judicata because it involved the same parties and subject matter as the first lawsuit, even though it asserted a different legal theory.
• Mitchell v. Parham
  357 F.2d 723· 10th Cir.· 1966-03-08 ·cited 6×
  The court held that the appellant failed to state a cause of action, thus affirming the dismissal of the complaint.
• Colbath v. The United States
  341 F.2d 626· Ct. Cl.· 1965-02-19 ·cited 6×
  The court held that the Civil Service Commission's regulations and circulars regarding transfers of functions were valid, and the Navy's decision to separate employees who declined to transfer was a proper exercise of discretion.
• N. Beach Yellow CAB Co. v. Vill. OF BAL Harbour
  135 So. 2d 4· Fla. 3d DCA· 1961-11-30 ·cited 6×
  The court held that a municipality has the discretion to refuse to renew taxi permits, and courts will not substitute their judgment for that of the municipality absent proof of fraud or wrongdoing.
• City OF ANN Arbor v. Nw. Park Constr. Corp.
  280 F.2d 212· 6th Cir.· 1960-06-21 ·cited 6×
  The court held that the rezoning ordinance was valid because the property owner did not acquire vested rights and the procedural requirements for enactment were met, despite the ordinance being passed less than thirty days after the report request.
• Neal v. United States
  203 F.2d 111· 5th Cir.· 1953-03-26 ·cited 6×
  The court held that the administrative proceedings were not void and that the denial of ministerial classification was not arbitrary or capricious, thus affirming the conviction.
• G. R. Kinney Co., Inc. v. Porter
  157 F.2d 683· Emer. Ct. App.· 1946-10-21 ·cited 6×
  The court held that Maximum Price Regulation No. 602 is invalid because it arbitrarily and capriciously discriminates against chain stores by providing them with only one maximum price for nylon hosiery, while allowing other retailers two different maximum prices based on their s
• United States ex rel. Woodard v. Deahl
  151 F.2d 413· 8th Cir.· 1945-10-27 ·cited 6×
  Failure to provide a registrant with notice of an appeal to the President, or the inclusion of potentially irrelevant statements in the appeal file, are procedural irregularities that do not divest the President of jurisdiction, especially when no prejudice is shown.
• Sullivan v. Swatzka
  148 F.2d 965· 9th Cir.· 1945-05-01 ·cited 6×
  The court held that the draft boards' denial of agricultural deferment was not arbitrary and did not deny due process, despite conflicting evidence.
• Taylor Inv., Ltd. v. Upper Darby Twp.
  983 F.2d 1285· 3d Cir.· 1993-01-25 ·cited 5×
  The appellate court held that the plaintiffs' civil rights claims were not ripe for judicial review because they had not allowed the local zoning authorities to reach a final decision on the matter. The court vacated the district court's judgment and remanded with instructions to
• Langmead v. Admiral Cruises, Inc.
  696 So. 2d 1189· Fla. 3d DCA· 1997-05-14 ·cited 4×
  Langmead, a cruise ship entertainer, appealed after a new trial was granted on her Jones Act negligence and maintenance and cure claims against Admiral Cruises following a jury verdict awarding her $965 in actual damages and $3.5 million in punitive damages. The appellate court r
• New Port Largo, Inc. v. Monroe Cnty.
  873 F. Supp. 633· S.D. Fla.· 1994-12-21 ·cited 4×
  The court held that the plaintiff's Fifth Amendment takings claim was not ripe because it failed to exhaust state remedies for inverse condemnation. However, the due process claims were ripe.
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• Marks v. City OF Chesapeake
  883 F.2d 308· 4th Cir.· 1989-08-24 ·cited 4×
  The court held that the City Council's denial of a conditional use permit based on public religious objections, rather than legitimate zoning concerns, was arbitrary and capricious, violating due process.
• B.L. and R.W.H. v. Dep't of Health & Rehabilitative Servs.
  545 So. 2d 289· Fla. 1st DCA· 1989-03-28 ·cited 4×
  Two school administrators challenged administrative determinations that they committed child abuse by administering corporal punishment that caused bruising lasting approximately one week. The court affirmed the Department's denial of expunction requests, holding that evidence of
• Prineville Sawmill Co., Inc. v. The United States
  859 F.2d 905· Fed. Cir.· 1988-10-14 ·cited 4×
  The court held that the Forest Service abused its discretion by rejecting all bids due to minor estimate errors, as the rejection was arbitrary and capricious and lacked a reasonable basis. The Forest Service's power to reject bids is not unlimited and must comply with statutory
• Augustine v. Brewer
  821 F.2d 365· 7th Cir.· 1987-05-28 ·cited 4×
  The court held that the Parole Commission did not breach the plea agreement, abuse its discretion, or engage in double-counting when determining the petitioner's offense severity rating and presumptive parole date.
• Beltempo v. Hadden
  815 F.2d 873· 2d Cir.· 1987-04-07 ·cited 4×
  The application of parole guidelines not in place at the time of sentencing does not violate the ex post facto clause, and the Parole Commission did not abuse its discretion in setting a presumptive parole date.
• Darwin Constr. Co., Inc. v. United States
  811 F.2d 593· Fed. Cir.· 1987-02-12 ·cited 4×
  The court held that the Armed Services Board of Contract Appeals erred in reversing its initial decision to convert a termination for default into a termination for convenience, as the contracting officer's decision was arbitrary and capricious.
• Sanderson v. Vill. OF Greenhills
  726 F.2d 284· 6th Cir.· 1984-02-01 ·cited 4×
  The court held that the plaintiff's complaint stated a claim under 42 U.S.C. § 1983, as the village officials' actions in denying a license based on arbitrary opposition to the business could constitute a deprivation of a liberty interest.
• Thompson v. Schmidt
  601 F.2d 305· 7th Cir.· 1979-06-26 ·cited 4×
  The court held that the 'all-or-nothing' grading procedure for Part II of the real estate broker's examination was not arbitrary or capricious and did not violate due process.
• United States v. Truman Talk
  597 F.2d 249· 10th Cir.· 1979-05-01 ·cited 4×
  A subsequent motion to vacate sentence under 28 U.S.C. § 2255, even if based on an intervening parole denial, may be dismissed as successive if it raises the same grounds previously denied on the merits and presents no new law or facts.
• Motor Carriers Traffic Ass'n, Inc. v. The United States & the Interstate Commerce Comm'n
  559 F.2d 1251· 4th Cir.· 1977-07-21 ·cited 4×
  The court should have allowed rate bureaus to protest independent action proposals of member carriers, as this right is established by statute and prior ICC practice.
• COX v. Benson
  548 F.2d 186· 7th Cir.· 1977-01-12 ·cited 4×
  The court reversed the district court's dismissal of appellant Cox's habeas petition and remanded for further proceedings due to questions regarding the circumstances of shots fired during the armed robbery.
• Marca, S.A. v. Dade Cnty.
  304 So. 2d 461· Fla. 3d DCA· 1974-12-17 ·cited 4×
  The appellate court affirmed the trial court's denial of certiorari, holding that the trial court did not err in refusing to supplement the record with subsequent zoning decisions to prove arbitrary conduct.
• Truck Drivers Local Union NO. 807 v. Nat'l Labor Relations Bd.
  506 F.2d 1382· 2d Cir.· 1974-11-06 ·cited 4×
  The court held that the language in the pension fund rules did not constitute a per se violation of the National Labor Relations Act, as there was no evidence of actual discrimination.
• Merge v. Troussi
  394 F.2d 79· 3d Cir.· 1968-05-02 ·cited 4×
  The court held that the district court correctly dismissed the action for lack of jurisdiction because subsequent amendments to the Housing Act withdrew jurisdiction from the courts to review administrative determinations regarding relocation payments.
• Pence v. Tobriner
  349 F.2d 717· D.C. Cir.· 1965-07-15 ·cited 4×
  The court held that the administrative record supported a genuine reorganization and that newly discovered evidence was not material enough to alter the outcome.
• Reserve Rural High Sch. Dist. NO. 4 v. Hanika
  339 F.2d 788· 8th Cir.· 1964-12-31 ·cited 4×
  A county superintendent lacks the authority to contractually bind the free high school tuition fund for tuition payments when statutory procedures are not followed, precluding quantum meruit recovery.
• State of Fla. ex rel. v. Pepper
  155 So. 2d 383· Fla. 1st DCA· 1963-07-09 ·cited 4×
  Phillip Glaser sought a writ of mandamus to compel the Florida State Board of Dental Examiners to issue him a dental license after he failed the required examination. The court affirmed the denial of mandamus, holding that Glaser failed to meet his burden of proving both that he
• Peterson v. United States
  292 F.2d 892· Ct. Cl.· 1961-07-19 ·cited 4×
  The court held that the Secretary of the Navy and the Board for the Correction of Naval Records did not act arbitrarily in denying the plaintiff's request for reenlistment and transfer to the Fleet Reserve.
• Schaller v. United States
  288 F.2d 700· Ct. Cl.· 1961-04-07 ·cited 4×
  The court held that the agency's refusal to recommend plaintiff for conversion to competitive status, based solely on his failure to sign a blank resignation, was an arbitrary abuse of discretion, entitling him to back pay.
• Moore v. Mo. Pac. R.R. Co.
  264 F.2d 754· 5th Cir.· 1959-03-20 ·cited 4×
• Gable Mgmt. Corp. of La. v. Bowles
  151 F.2d 82· Emer. Ct. App.· 1945-08-29 ·cited 4×
  The court held that the Administrator's determination of maximum rental rates for Gable Lodges was supported by substantial evidence and not arbitrary or capricious.
• Greer v. Cline
  148 F.2d 380· 6th Cir.· 1945-03-26 ·cited 4×
  The court held that the War Food Administrator's discretionary assignment of inspectors was not an abuse of power, and the subordinate official could be enjoined without joining the Administrator if the action was void, but here it was not.
• Owings Mills Distillery, Inc. v. Helvering
  124 F.2d 379· 4th Cir.· 1941-12-22 ·cited 4×
  The court held that the denial of the petitioner's permit applications was proper under the Federal Alcohol Administration Act, both due to the prior convictions of the corporation's principal stockholders and their demonstrated unsuitability for operations.
• City OF ST. Pete Beach & Ronald Holehouse v. Sowa
  4 So. 3d 1245· Fla. 2d DCA· 2009-02-18 ·cited 3×
  The City of St. Pete Beach and a property owner sought certiorari review of a circuit court order that quashed a building permit. The Florida District Court of Appeal reversed, holding that the issuance of a building permit is an executive decision not reviewable by certiorari, a
• Cap's-On-The-Water, Inc. v. ST. Johns Cnty.
  841 So. 2d 507· Fla. 5th DCA· 2003-02-21 ·cited 3×
  An ordinance provision permitting the Planning and Zoning Agency to impose conditions on special use approvals is facially constitutional when read in context with the code's definition of special use, which requires that uses be controlled "in relation to the neighborhood" to pr
• Commc'ns Sys., Inc. v. City OF Danville
  880 F.2d 887· 6th Cir.· 1989-07-27 ·cited 3×
  The court held that the district court did not err in granting summary judgment for the defendants, as there were no genuine issues of material fact regarding the city's franchise award process and CSI's claims lacked merit.
• Blood Serv. Plan Ins. Co. v. Broward Williams
  186 So. 2d 33· Fla. 1st DCA· 1966-04-26 ·cited 3×
  Blood Service Plan Insurance Company appealed the State Insurance Commissioner's denial of its application for a Certificate of Authority to conduct disability insurance business in Florida. The court reversed, holding that the Commissioner exceeded his jurisdiction by imposing r
• Univ. OF Miami v. Militana
  184 So. 2d 701· Fla. 3d DCA· 1966-03-31 ·cited 3×
  New York statutes and regulations creating a complex scheme to prevent the appointment or retention of 'subversive' persons in state employment are unconstitutional due to vagueness and overbreadth, violating First Amendment freedoms.
• Doyle Conner v. Sullivan
  160 So. 2d 120· Fla. 1st DCA· 1963-07-25 ·cited 3×
  The Florida Commissioner of Agriculture appealed a declaratory decree classifying celery producer A.J. Sullivan as a 'new producer' under a state marketing order. The court held the marketing order's definition of 'producer' was unreasonable as applied to Sullivan but reversed th