Arbitrary And Capricious Action

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

• Clark v. United States
  217 F.2d 511· 9th Cir.· 1954-12-03 ·cited 3×
  A registrant's belief in self-defense or willingness to work in a war industry does not, as a matter of law, preclude classification as a conscientious objector.
• Safeway Stores, Inc. v. Bowles
  145 F.2d 846· Emer. Ct. App.· 1944-11-29 ·cited 3×
  The court held that the Administrator's classification and price setting for meat retailers under MPR 355, as amended, were not arbitrary or capricious and complied with the Emergency Price Control Act.
• Jackson-Shaw Co. v. Jacksonville Aviation Auth.
  2007 U.S. Dist. LEXIS 844· M.D. Fla.· 2007-01-08 ·cited 2×
  The court held that the Jacksonville Aviation Authority's lease agreement with Majestic Realty Company was not unlawful under JAA's Charter, Florida Statutes, or the Florida Constitution, as it did not constitute an unlawful joint ownership or lending of credit.
• Everett v. City of Tallahassee
  840 F. Supp. 1528· N.D. Fla.· 1993-07-02 ·cited 2×
  The court held that the City's denial of the plaintiff's rezoning request was not arbitrary or capricious, as it was based on a consistently applied policy regarding non-residential development along Thomasville Road.
• B.J. Reid v. Rolling Fork Pub. Util. Dist.
  979 F.2d 1084· 5th Cir.· 1992-12-23 ·cited 2×
  The court held that the jury's finding of a conceivable rational basis for the District's denial of service, as determined by Interrogatory No. 1, was dispositive of the equal protection claim, rendering subsequent interrogatories irrelevant.
• Gardner v. City OF Baltimore Mayor & City Council
  969 F.2d 63· 4th Cir.· 1992-07-06 ·cited 2×
  The court held that appellants possessed no property interest protected by the Fourteenth Amendment because Baltimore's land-use regulations granted city officials discretion regarding development approval.
• Carroll Olson v. Hart
  965 F.2d 940· 10th Cir.· 1992-06-03 ·cited 2×
  The court held that a pro se litigant's complaint, even if styled as a mandamus petition, could be construed as a habeas corpus petition or a Section 1983 claim for deprivation of due process rights, and thus should not have been dismissed on abstention grounds.
• Granite Constr. Co. v. The United States
  962 F.2d 998· Fed. Cir.· 1992-04-01 ·cited 2×
  The court held that the Corps' demand for strict compliance and removal of waterstop, despite its substantial adequacy and the economic waste involved, was arbitrary and capricious, entitling the contractor to damages.
• A.J. Taft Coal, Inc. v. Connors
  906 F.2d 539· 11th Cir.· 1990-07-19 ·cited 2×
  The court held that the term 'coal' in the National Bituminous Coal Wage Agreement does not include extraneous moisture, allowing producers to deduct its weight when calculating contributions.
• Marentette v. Local 174
  907 F.2d 603· 6th Cir.· 1990-07-03 ·cited 2×
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the interpretation of the term 'Journeyman' in the CBA and the union's duty of fair representation.
• United States v. Albertini
  783 F.2d 1484· 9th Cir.· 1986-03-06 ·cited 2×
  The court held that the application of a military base bar letter, even if inconsistently enforced or issued without a prior hearing, was not so patently arbitrary as to violate due process.
• Siegel v. U.S. Parole Comm'n
  613 F. Supp. 127· S.D. Fla.· 1985-06-21 ·cited 2×
  A district court has the inherent power to grant bail in a habeas corpus proceeding brought by a parolee, provided exceptional circumstances are shown.
• Selman v. The United States
  723 F.2d 877· Fed. Cir.· 1983-10-28 ·cited 2×
  The court held that the Secretary's denial of promotion was not arbitrary or capricious, and that the term 'grade' in retirement statutes refers to 'officer grade,' not 'pay grade.'
• City OF Naples v. Clam Court Marina Tr.
  413 So. 2d 475· Fla. 2d DCA· 1982-05-05 ·cited 2×
  The court held that the City's determination that the apartment constituted two dwelling units was reasonable and not arbitrary, and that the applicant failed to meet the conditions for a variance.
• Lincoln Servs., Ltd. v. The United States
  678 F.2d 157· Ct. Cl.· 1982-04-21 ·cited 2×
  A disappointed bidder cannot recover proposal preparation expenses based solely on violations of a procurement manual that does not confer rights upon bidders, absent a showing of substantial prejudice or arbitrary and capricious action by the government.
• Transamerica Airlines, Inc. v. Civil Aeronautics Bd.
  661 F.2d 244· D.C. Cir.· 1981-08-24 ·cited 2×
  The court held that the Civil Aeronautics Board (CAB) acted within its authority in approving 'group contractor fares' and that its decision was reached in accordance with the Administrative Procedure Act.
• Knuckles v. Bolger
  654 F.2d 25· 8th Cir.· 1981-07-28 ·cited 2×
  The court held that the employee was denied due process because he was not given a full opportunity to respond to the charge of violating accounting procedures after the original conversion charge was found unproven.
• Dade Cnty. v. Valdes
  366 So. 2d 809· Fla. 3d DCA· 1979-01-09 ·cited 2×
  Dade County challenged a circuit court appellate division decision that quashed a zoning resolution denying Valdes' request to rezone his property from residential (RU-2) to semi-professional office use (RU-5). The Florida District Court of Appeal reversed, holding that the zonin
• Tidewater Mgmt. Servs., Inc. v. The United States
  573 F.2d 65· Ct. Cl.· 1978-03-22 ·cited 2×
  The court held that the government's award of a contract to the lowest bidder was reasonable, even though the bidder used a novel method for calculating man-hours and did not submit a manning chart for every day type used in its calculation, as the bidder provided sufficient just
• GAC Props., Inc. v. Lanier
  345 So. 2d 812· Fla. 4th DCA· 1977-04-22 ·cited 2×
  The Fourth District Court of Appeal reversed the dismissal of a complaint's second count alleging that the Director of the Department of Revenue failed to properly supervise the tax assessor's appraisal of real property, finding the allegations sufficient to state a cause of acti
• Bernardina Coridad Arnold v. State Bd. OF Educ. of Fla.
  344 So. 2d 908· Fla. 1st DCA· 1977-03-30 ·cited 2×
  The court held that while the statute does not explicitly grant authority for retroactive suspension, the retroactive suspension of the teaching certificate was not an abuse of discretion or arbitrary and capricious.
• In re Est. of Bernard J. Herskowitz v. Samuel S. Smith ad litem of Robert Herskowitz and Mark Herskowitz
  338 So. 2d 210· Fla. 3d DCA· 1976-05-25 ·cited 2×
  The appellate court reversed a directed verdict for the plaintiff bank, reinstating a jury verdict in favor of the defendant Mrs. Johnson on the bank's claim to set aside checks and on Mrs. Johnson's counterclaim for a stopped payment check.
• Earnest Neveaux v. Lykes Bros. S.S. Co., Inc.
  476 F.2d 177· 5th Cir.· 1973-04-12 ·cited 2×
  The court held that the shipowner's conduct in handling the seaman's claim for maintenance and cure was not arbitrary or capricious, thus precluding an award of attorney's fees.
• Thomason v. Laird
  455 F.2d 1376· D.C. Cir.· 1971-12-27 ·cited 2×
  The court held that the transfer of appellate jurisdiction was permissible and that the appellant's grievance regarding placement on the 'best qualified' list was satisfied, thus affirming the dismissal of his complaint.
• Dickinson v. Seaboard Coast Line R.R. Co.
  231 So. 2d 28· Fla. 1st DCA· 1970-02-03 ·cited 2×
  The court held that the assessment weighting formula used by the Railroad Assessment Board was arbitrary and capricious, and that the Chancellor correctly included the depreciated value of leased equipment and deducted non-operating properties.
• Wood v. Conneaut Lake Park, Inc.
  386 F.2d 121· 3d Cir.· 1967-11-21 ·cited 2×
  A federal court cannot review a state supreme court's judgment for mere error, even if it involves factual findings, unless the state court acted arbitrarily and capriciously, violating due process.
• Ga. Power Co. v. Fed. Power Comm'n
  373 F.2d 485· 5th Cir.· 1967-02-21 ·cited 2×
  The Federal Power Commission did not err in ordering the elimination of unlawful contract provisions without an additional hearing to refix rates.
• Dist. OF Columbia v. Gen. Motors Corp.
  336 F.2d 885· D.C. Cir.· 1964-02-13 ·cited 2×
• Clouser v. King David
  309 F.2d 233· D.C. Cir.· 1962-10-04 ·cited 2×
  The court held that a landowner's personal financial hardship, not stemming from the property's exceptional characteristics, is insufficient to justify a zoning variance.
• State v. McNAYR
  18 Fla. Supp. 102· Dade Cty. Cir. Ct.· 1961-08-05 ·cited 2×
  A mandamus proceeding challenging the county assessor's refusal to adopt valuations from an incomplete countywide reassessment program for the 1961 tax roll. The court held that the assessor has discretionary authority to reject reappraisal valuations and that mandamus does not l
• RIO Hondo Harvesting Ass'n v. Johnson
  293 F.2d 426· 5th Cir.· 1961-08-03 ·cited 2×
• Homan MFG. Co., Inc. v. Long
  264 F.2d 158· 7th Cir.· 1959-02-17 ·cited 2×
  The court held that a suit to enjoin tax collection requires more than alleging arbitrary or capricious assessment; the tax itself must be illegal, and special circumstances must exist.
• Clementino v. United States
  216 F.2d 10· 9th Cir.· 1954-09-27 ·cited 2×
  The court held that the Selective Service Appeal Board's classification was arbitrary and capricious because it failed to properly consider the registrant's claim for conscientious objector status.
• West Edmond Hunton Lime Unit v. Stanolind OIL & GAS Co.
  193 F.2d 818· 10th Cir.· 1951-12-21 ·cited 2×
  The court held that the unit's right to exclusive possession and operation of the well and equipment for the Hunton formation was paramount, and continued Bartlesville production interfered with unit operations, justifying injunctive relief.
• Agostini Bros. BLDG. Corp. v. Woods
  176 F.2d 906· Emer. Ct. App.· 1949-09-28 ·cited 2×
  The court held that the Housing Expediter acted arbitrarily in refusing to make retroactive the increased maximum rents when actual construction costs were proven to be higher than initially estimated.
• Bell v. Fleming
  159 F.2d 416· Emer. Ct. App.· 1947-01-15 ·cited 2×
  The court held that the Administrator has the authority to reopen and modify prior rent adjustment orders, and that such actions do not violate constitutional rights or vested interests, provided they are supported by substantial evidence.
• COX v. United States
  157 F.2d 787· 9th Cir.· 1946-10-04 ·cited 2×
  The court held that where a registrant's claim of ministerial exemption is based on statutory rights, courts may only review whether the draft board had jurisdiction or acted arbitrarily, not retry the classification de novo if the board had substantial evidence.
• Allison v. THE Grand at Olde Carrollwood Condo. Ass'n, Inc.
  369 So. 3d 1200· Fla. 2d DCA· 2023-08-18 ·cited 1×
  The appellate court reversed a trial court's decision because it failed to conduct a proper trial de novo after a nonbinding arbitration. The trial court incorrectly reviewed the arbitration decision as an appellate court rather than holding a new trial on the merits of the dispu
• Campos v. Immigr. & Naturalization Serv.
  70 F. Supp. 2d 1296· S.D. Fla.· 1998-10-16 ·cited 1×
  The court held that plaintiffs have demonstrated a substantial likelihood of success on the merits regarding the INS's alleged systematic failure to follow its own regulations for evaluating medical waivers, thus warranting a preliminary injunction.
• Restigouche, Inc. v. Town of Jupiter
  845 F. Supp. 1540· S.D. Fla.· 1993-12-15 ·cited 1×
  The court held that the plaintiff's federal takings claims were not ripe for review, and granted summary judgment for the defendant on the arbitrary and capricious due process claims, finding no substantial federal question.
• Mount Sinai Med. Ctr. of Greater Miami, Inc. v. City of Miami Beach
  706 F. Supp. 1525· S.D. Fla.· 1989-01-30 ·cited 1×
  The court held that the plaintiff demonstrated a substantial likelihood of prevailing on its due process claim and equitable estoppel claim, justifying a preliminary injunction against the enforcement of the zoning ordinance as interpreted.
• Karl v. Fla. Real Est. Comm'n & Jack King
  229 So. 2d 610· Fla. 3d DCA· 1969-12-16 ·cited 1×
  Jan Karl sought certiorari review of the Florida Real Estate Commission's denial of his application to register as a real estate salesman based on his prior manslaughter conviction. The court upheld the Commission's authority to deny the application but reversed the denial "with
• Cmty. Redev. Agency of the City of W. Palm Beach v. Vita Lounge, LLC
  Fla. 4th DCA· 2025-11-12
  No binding contract existed between the parties because the RFP explicitly stated that the CRA and proposer would be contractually bound only upon execution of a written contract, which was never executed. Additionally, even if a contract had existed, the indemnification clause d
• Meeks v. Fla. Comm'n on Offender Review (Sumter County)
  M.D. Fla.· 2023-07-03
  The court held that a federal habeas petition cannot be used to challenge state parole decisions based on alleged errors of state law, and the petitioner failed to state a claim for federal due process or equal protection violations.
• McCutcheon v. Fla. Comm'n On Offender Review
  S.D. Fla.· 2023-06-01
  The petition for writ of habeas corpus is denied because the claims raised involve state law issues or fail to demonstrate a constitutional violation, and a certificate of appealability is denied.
• Giller v. Grossman
  Fla. 3d DCA· 2021-09-01
  The subtrust language was unambiguous and clearly included Brian's children as beneficiaries; Anita did not breach her fiduciary duties as trustee and was not required to be removed; the trustee may pay attorney's fees from trust assets under Florida Statute § 736.0802(10)(b).
• Bragdon v. Bayshore Prop. Owners Ass'n, Inc.
  Del. Ch.· 2021-03-11
  The Delaware Court of Chancery held that the plaintiff, an owner in a common interest community, was entitled to recover expenses, including attorneys' fees and costs, under Section 81-417 of the Delaware Uniform Common Interest Ownership Act (DUCIOA). The court found that the As
• Boone v. Fla. Comm'n on Offender Review
  M.D. Fla.· 2020-12-28
  The court denied the habeas petition, finding that the petitioner's claims were either procedurally defaulted or failed to demonstrate a violation of federal law or the Constitution.
• Petitioner v. Meyer
  Del. Ch.· 2019-05-09
  The court granted the respondents' motion to dismiss, finding that the petitioner failed to state a claim upon which relief could be granted. The petitioner's claims for substantive due process, equal protection, takings, contract zoning, and estoppel were all dismissed for vario
• Kremps v. Manatee Cnty. Bd. of Cnty. Comm'rs
  233 So. 3d 526· Fla. 2d DCA· 2018-01-05
  A county administrator's decision to uphold an employee's termination following a hearing officer's recommendation is an executive decision not subject to certiorari review.