Arbitrary And Capricious Action

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

• Vill. OF Palmetto BAY v. Alexander Sch., Inc.
  223 So. 3d 1037· Fla. 3d DCA· 2017-03-15
  The court held that Section 10.1 of the Village Charter is not unconstitutional as it is neither arbitrary nor ambiguous, and the school failed to meet the high burden of proof required to demonstrate its unconstitutionality.
• Jasinski v. City of Miami
  269 F. Supp. 2d 1341· S.D. Fla.· 2003-06-11
  The court held that the City's administrative charge was validly enacted and retroactively applicable, and did not violate the towing lien statute.
• Lavado v. Keohane
  992 F.2d 601· 6th Cir.· 1993-04-22
  The court held that the district court did not abuse its discretion in denying discovery and appointment of counsel, but erred in granting summary judgment on claims related to two specific letters, as a genuine issue of material fact existed regarding arbitrary or capricious con
• Morey v. W. Am. Specialized Transp. Servs., Inc.
  968 F.2d 494· 5th Cir.· 1992-08-14
  The court held that the term 'operate' in the insurance policy exclusion means more than 'to drive' and includes the insured's control over the truck's use and destination, and that the insurer's denial of coverage, while erroneous, was not arbitrary or capricious.
• Yost v. Solano
  955 F.2d 541· 8th Cir.· 1992-01-28
  The court held that parole officers Hohnstein and McKenzie were entitled to qualified immunity for their actions in conducting Yost's preliminary parole revocation hearing, and that Yost failed to preserve issues regarding the sufficiency of the evidence for jury verdicts.
• Brookpark Ent., Inc. v. Taft
  951 F.2d 710· 6th Cir.· 1991-12-16
  The court held that the Ohio 'particular premises' local option statute facially violates the Due Process Clause of the Fourteenth Amendment because it allows for arbitrary targeting of liquor licensees for revocation without sufficient procedural safeguards.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Bolton v. Constr. Laborers' Pension Tr. FOR S. Cal.
  954 F.2d 1437· 9th Cir.· 1991-08-30
  The court held that a pension plan acted arbitrarily in applying its break-in-service rule to cancel a participant's credits without considering whether the break was due to involuntary unemployment, especially when the participant later accumulated sufficient service years.
• Warren v. Drake Univ.
  886 F.2d 200· 8th Cir.· 1989-09-25
  The court affirmed the district court's judgment, holding that the plaintiff could not challenge the jury's contract interpretation on appeal after failing to request a legal ruling from the trial court and not providing a transcript for review.
• City OF Margate v. Amoco OIL Co.
  546 So. 2d 1091· Fla. 4th DCA· 1989-06-21
  Amoco Oil Company applied for a permit to build a gasoline service station in Margate, Florida, which was denied. The City subsequently enacted new ordinances making such use prohibited. The trial court found the City acted arbitrarily and capriciously in denying the permit, crea
• Parks v. Brown
  860 F.2d 1545· 10th Cir.· 1988-10-28
  The court held that prosecutorial arguments minimizing the jury's sentencing responsibility constituted a Caldwell violation, requiring invalidation of the death penalty.
• Boilermakers Local NO. 374 v. Nat'l Labor Relations Bd.
  852 F.2d 1353· D.C. Cir.· 1988-08-02
  The court held that the union operated its exclusive hiring hall in a discriminatory fashion towards three individuals, and that the National Labor Relations Board's findings were supported by substantial evidence.
• Kersey v. Shipley
  673 F.2d 731· 4th Cir.· 1982-03-22
  The court held that the former police officers were not denied due process because their employment interests were defined by a state statute that did not guarantee a pre-termination hearing and allowed the Chief of Police to reject a panel's advisory recommendation.
• Ward Trucking Corp. v. United States & Interstate Commerce Comm'n
  636 F.2d 33· 3d Cir.· 1980-12-01
  The court held that the ICC's grant of temporary trucking authority was supported by 'some evidence' and was not arbitrary or capricious.
• Gardner v. The Nashville Hous. Auth. OF the Metro. Gov't OF Nashville & Davidson Cnty.
  514 F.2d 38· 6th Cir.· 1975-04-10
  The court affirmed the district court's dismissal of the plaintiffs' complaints, finding no clear error in the factual findings or legal conclusions regarding urban redevelopment.
• Luce v. The United States
  498 F.2d 1348· Ct. Cl.· 1974-06-19
  A disappointed bidder cannot recover bid preparation costs without showing the government acted fraudulently, arbitrarily, capriciously, or contrary to regulations.
• Wilson v. The United States
  492 F.2d 1190· Ct. Cl.· 1974-02-20
  The court held that genuine factual disputes exist, precluding summary judgment for either party.
• Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n
  38 Fla. Supp. 61· Hillsborough Cty. Cir. Ct.· 1973-01-16
  Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
• Sittenfeld v. Tobriner
  459 F.2d 1137· D.C. Cir.· 1971-12-30
  The court held that appellants waived their claim for damages by settling the condemnation action without litigating the probability of rezoning, and that the Zoning Commission members were immune from suit for damages.
• Cieboter v. O'Connell
  236 So. 2d 470· Fla. 1st DCA· 1970-06-16
  A doctoral candidate in Education sought mandamus to compel the University of Florida to consider his completed dissertation and administer his final examination. The court affirmed denial of the petition, holding that university officials have broad discretion in determining stu
• Fla. Publ'g Co. v. SAM Newey & Assocs., Inc.
  33 Fla. Supp. 140· Duval Cty. Cir. Ct.· 1970-01-13
  The court affirmed the plaintiffs' legal standing and the appropriateness of a declaratory judgment action, while remanding for further factual determination regarding the validity of a CATV franchise granted by the county.
• Richter's Jewelry Co., Inc. v. TAX Assessor
  31 Fla. Supp. 116· Dade Cty. Cir. Ct.· 1968-10-16
  The court held that the tax assessment was invalid, arbitrary, capricious, excessive, and a denial of due process because no semblance of an attempt to reach fair market value was made and no reliable sources were consulted.
• Martin Bros., Inc. v. City of S. Miami
  31 Fla. Supp. 187· Dade Cty. Cir. Ct.· 1968-08-01
  Landowners challenged the City of South Miami's denial of their rezoning application from RU-1A to RU-5 for garden apartment development. The circuit court found the zoning restrictions arbitrary, confiscatory, and lacking any substantial relationship to public health, safety, mo
• State Rd. Dep't v. S. Puerto RICO Sugar Co.
  30 Fla. Supp. 17· Indian River Cty. Cir. Ct.· 1968-03-29
  The State Road Department sought to acquire fee simple title to a parcel of land containing an active railroad right-of-way belonging to South Puerto Rico Sugar Company for construction of Interstate Highway 1-95. The court held that while the state could condemn the property for
• State v. Dade Cnty.
  30 Fla. Supp. 13· Dade Cty. Cir. Ct.· 1967-11-15
  Five journeyman plumbers sought a writ of mandamus to compel Dade County to issue them master plumber certificates after they failed the isometric drawing portion of the licensing examination. The circuit court rejected their mandamus petition, finding the examination was lawfull
• Nevin v. Hepner
  351 F.2d 203· D.C. Cir.· 1965-09-08
  The court held that the Commissioners did not adequately consider the grievance committee's recommendation regarding the appellant's pension rights when deciding to dismiss him.
• Johnson v. United States
  335 F.2d 873· 6th Cir.· 1964-08-11
  The court held that the beneficiary was not entitled to the insurance benefits because the reinstatement application was not timely submitted, and the insured was not totally disabled at the time of lapse.
• Fla. E. Coast Ry. Co. v. Fla. R.R. Assessment Bd.
  22 Fla. Supp. 175· Leon Cty. Cir. Ct.· 1964-03-27
  Florida East Coast Railway challenged railroad property assessments for 1961 and 1962 as excessive and discriminatory compared to other railroads. The circuit court upheld the assessments, finding the valuation methodology lawful and rejecting claims of overvaluation and discrimi
• Home Bldg. Contractors, Inc. v. The Cnty. OF DU Page
  322 F.2d 635· 7th Cir.· 1963-09-17
  The court held that the plaintiff failed to prove its prefabricated homes met the county building code requirements, particularly regarding the ability for visual inspection of structural components.
• State v. Dade Cnty.
  21 Fla. Supp. 76· Dade Cty. Cir. Ct.· 1963-06-13
  In this mandamus action, Brandon sought to compel the Dade County mechanical contractors examining board to issue him a certificate of competency as a mechanical master after he failed an examination. The court appointed a neutral expert to review whether the examination was fair
• Sydney Diamond v. City OF Miami
  150 So. 2d 243· Fla. 3d DCA· 1963-03-05
  The trial court's judgment denying the property owner's application for conditional use of residential-zoned property as a parking lot for an adjacent commercial business was affirmed without written opinion.
• Udall v. King
  308 F.2d 650· D.C. Cir.· 1962-09-27
  The court held that the Secretary of the Interior was entitled to summary judgment because the procedure followed in determining the geologic structure for the lease application was fair and orderly, distinguishing it from a prior arbitrary decision.
• State of Fla. ex rel. Esther Feldman & Lena K. Ray v. City OF Miami Beach
  132 So. 2d 349· Fla. 3d DCA· 1961-07-17
  A municipality may not refuse to issue a permit for use of a public park without charter provisions or ordinances establishing definite and reasonable standards for permit issuance, as such unlimited discretion violates constitutional protections of free expression and equal prot
• Poston v. United States
  289 F.2d 321· Ct. Cl.· 1961-05-03
  The court held that the Civil Service Commission did not abuse its discretion in disallowing retirement under section 1(d) because the plaintiff's supervisory and administrative years were not primarily hazardous and the Commission is empowered to consider the degree of hazard in
• Louisan Mamer v. Dist. of Columbia Redev. Land Agency
  284 F.2d 221· D.C. Cir.· 1960-06-30
• Gold Coast Cruises, Inc. v. City of Miami Beach
  16 Fla. Supp. 103· Dade Cty. Cir. Ct.· 1960-05-26
  Gold Coast Cruises challenged a Miami Beach ordinance regulating gratuitous transportation services as unconstitutional and discriminatory. The circuit court found that provisions of the ordinance preventing a cruise company located outside city limits from offering free shuttle
• Hous. Auth. OF The City OF Opelousas v. Pittman Constr. Co., Inc.
  264 F.2d 695· 5th Cir.· 1959-03-10
  The court held that the Housing Authority abused its discretion by arbitrarily rejecting the lowest bidder without providing an opportunity to be heard on charges of irresponsibility.
• Foremost Dairies v. Milk Comm'n
  13 Fla. Supp. 23· Leon Cty. Cir. Ct.· 1958-07-09
  Milk distributors challenged an administrative order from the Florida Milk Commission establishing a base-fixing plan that created contractual relationships between producers and distributors and regulated milk pricing and allocation. The court upheld the order, finding it was a
• Durrance v. Town OF W. Miami
  11 Fla. Supp. 168· Dade Cty. Cir. Ct.· 1957-12-13
  The court held that the town council's attempt to dismiss the plaintiff was illegal and ineffective because the merit system ordinance was invalid.
• The City OF Hialeah v. The State of Fla. ex rel. S. F. Danels & Frances Danels
  97 So. 2d 198· Fla. 3d DCA· 1957-10-03
  The City of Hialeah appealed a peremptory writ of mandamus requiring it to approve the relocation of an alley. The court affirmed, holding that while mandamus ordinarily cannot control discretionary functions of public bodies, it may do so when an official abuses discretion in an
• Okla. Beal Est. Comm'n v. Nat'l Bus. & Prop. Exch., Inc.
  238 F.2d 606· 10th Cir.· 1956-10-24
  The court held that a good-faith mistake by the Commission in interpreting the Real Estate License Act does not constitute arbitrary or capricious conduct, which is required for federal court jurisdiction in this context.
• United States ex rel. Charles Williams v. Ragen
  238 F.2d 139· 7th Cir.· 1956-10-24
  The court held that the Illinois Parole Board's actions did not cause the state to lose jurisdiction over the petitioner.
• City OF Miami v. Hollis
  77 So. 2d 834· Fla.· 1955-02-01
  The City of Miami rezoned residential property from business (B-3) to residential (R-4) classification, which the property owners challenged as arbitrary, confiscatory, and unreasonable. The Florida Supreme Court affirmed the lower court's injunction against enforcement of the re
• Daly v. Hillsborough Cnty.
  6 Fla. Supp. 60· Hillsborough Cty. Cir. Ct.· 1950-03-24
  The court held that the board of county commissioners had the authority to zone an area to prohibit the retail sale of light wines and beer, and the plaintiff's claims of arbitrary action and deprivation of due process were insufficient.
• Markbreiter v. Woods
  169 F.2d 875· Emer. Ct. App.· 1948-09-14
  The court held that Amendment 25 to the Rent Regulation was invalid because it was unlawfully discriminatory and capricious.
• Maxwell House Hotel v. Woods
  169 F.2d 660· Emer. Ct. App.· 1948-08-17
  The court held that the Rent Director's rate schedule was unreasonable and arbitrary due to the failure to consider essential factors in fixing room rates.
• Barrett Lumber & Supply Co., Inc. v. Clark
  167 F.2d 474· Emer. Ct. App.· 1948-03-15
  The court held that the challenged provisions of the Maximum Price Regulation were not invalid as arbitrary or capricious, as they largely followed historical industry practices and the Administrator's actions were not contrary to the Emergency Price Control Act.
• Hickok Oil Corp. v. Fleming
  161 F.2d 199· Emer. Ct. App.· 1947-05-01
  The court held that the amendment was a reasonable solution to a complex economic problem and did not discriminate against the complainant.
• Schaefer v. Fleming
  160 F.2d 552· Emer. Ct. App.· 1947-03-27
  The court held that the Administrator's order establishing maximum prices for the complainants' bamboo rakes was not supported by substantial evidence and was therefore arbitrary and capricious.
• 18 Palmer Ave., Inc. v. Porter
  157 F.2d 595· Emer. Ct. App.· 1946-10-22
  The court held that the Administrator's extension of rent control was neither arbitrary nor capricious, and that procedural requirements were met despite a delay in action.