543 Florida cases classified under this topic, plus 562 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Del. Ch.·
2006-01-18
The Court held that the rezoning of the Kohl Property to C-3 was invalid because it was inconsistent with the Town's comprehensive plan in effect at the time. The Court found that the plan projected industrial and office uses for the property and expressly advised against convert
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393 F. Supp. 2d 1263·
N.D. Fla.·
2005-05-31
The court held that the EPA's approval of Florida's 303(d) list was not arbitrary and capricious, as the agency reasonably applied its guidance and regulations.
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The court held that the City's administrative charge was validly enacted and retroactively applicable, and did not violate the towing lien statute.
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55 F. Supp. 2d 1336·
M.D. Fla.·
1999-06-30
The court held that the agency violated its orders by implementing new regulations that altered the status quo and circumvented judicial review.
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881 F. Supp. 1229·
M.D. Fla.·
1997-04-03
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677 So. 2d 60·
Fla. 1st DCA·
1996-07-12
Florida appellate court affirmed that a home health services rule properly implements the statutory definition limiting regulated home health services to those provided by licensed agency personnel or under agency arrangement, rejecting the challenger's argument that plain statut
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654 So. 2d 1051·
Fla. 1st DCA·
1995-05-22
A Florida chiropractor challenged an administrative rule defining criteria for peer review of chiropractic services. The court held that the rule was an invalid exercise of delegated legislative authority because it failed to elaborate statutory standards and instead vested unbri
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The court held that the special master erred in granting summary judgment for HHS and denying it for the petitioners, as the undisputed evidence established an encephalopathy and vaccine causation as a matter of law.
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997 F.2d 936·
D.C. Cir.·
1993-07-09
The court should reject FERC's interpretation of its own regulation (Rule 602(h)) regarding contested settlements as it is plainly erroneous and inconsistent with the rule's language.
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998 F.2d 705·
9th Cir.·
1993-07-08
The court held that the district court did not err in granting summary judgment and an injunction for environmental groups, finding the BLM's decision not to supplement its Timber Management Plans' Environmental Impact Statements was arbitrary and capricious and violated NEPA.
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995 F.2d 850·
8th Cir.·
1993-06-15
The court held that the district court erred by substituting its judgment for the agency's and by making independent findings of fact, rather than reviewing the agency's decision under the arbitrary and capricious standard based on the administrative record.
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619 So. 2d 405·
Fla. 3d DCA·
1993-06-01
Youth Crime Watch of America, a private nonlocal organization, challenged the Department of Health and Rehabilitative Services' elimination of its federal funding application. The court held that the RFP requirement for proof of denied local funding applied only to local private
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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
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989 F.2d 1231·
D.C. Cir.·
1993-04-16
The court should have upheld the Commission's order requiring Vitelco to refund overcharges collected under interim rate increases.
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991 F.2d 59·
2d Cir.·
1993-04-14
The court held that the National Park Service's decision to rescind the seaplane exemption for Robbins Rest was not arbitrary and capricious, and that judicial review was available.
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623 So. 2d 510·
Fla. 3d DCA·
1993-04-06
South Miami Hospital appealed the Department of Health and Rehabilitative Services' denial of a Medicaid reimbursement claim based on an omitted Medicaid number. The court held that the hospital's claim was "clean" under Florida Administrative Code because the Medicaid number was
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988 F.2d 1254·
D.C. Cir.·
1993-04-02
The court held that the FCC's methodology for determining the rate of return for interstate telephone services, using a classic Discounted Cash Flow (DCF) model applied to an original cost rate base, was not arbitrary, capricious, or confiscatory.
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989 F.2d 54·
1st Cir.·
1993-03-30
The court held that the consent decree was validly entered because the appellants failed to show a demonstrable injury, the decree was within the scope of the original complaint and the court's jurisdiction, and the Secretary acted within her statutory discretion.
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988 F.2d 1229·
D.C. Cir.·
1993-03-26
The court held that ANR Pipeline Co. failed to file a timely petition for rehearing of FERC Order No. 500-1, which sufficiently clarified the issue of take-or-pay credit application, thus barring judicial review of subsequent orders.
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987 F.2d 821·
D.C. Cir.·
1993-03-12
The court affirmed the district court's judgment because the Department of Education's interpretation of the Higher Education Act was not unambiguously expressed and was inconsistent with prior agency practice.
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984 F.2d 823·
7th Cir.·
1993-01-28
The court held that OSHA failed to establish a significant risk of harm to employees in the dental, home health care, and temporary medical services fields, and thus, the bloodborne pathogens standard was improperly applied to these industries.
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The court held that summary judgment for the employer was proper because the plaintiff failed to exhaust administrative remedies for his discrimination claim and did not establish a prima facie case of retaliation.
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610 So. 2d 92·
Fla. 1st DCA·
1992-12-15
The court affirmed the invalidation of three proposed fisheries rules as arbitrary and capricious, but reversed the hearing officer's finding that a fourth rule was valid because it relied on the same flawed data.
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979 F.2d 1566·
D.C. Cir.·
1992-12-04
The FCC must provide a reasoned basis for applying its 'integration' policy when challenged, especially in light of regulatory changes and specific applicant proposals that may further the policy's goals.
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The court held that the petitioner's civil service retirement annuity properly included his initial military service credit because his military disability pension was not based on that period of service, thus no overpayment occurred.
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The court held that the Administrative Judge's decision dismissing the petitioner's claim for corrective action and finding lack of jurisdiction was supported by substantial evidence and not arbitrary or capricious.
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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.
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969 F.2d 1221·
D.C. Cir.·
1992-07-24
The court held that the Interstate Commerce Commission acted within its statutory authority and reasonably in including a productivity adjustment in the Rail Cost Adjustment Factor and in making that adjustment prospective only.
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966 F.2d 1471·
D.C. Cir.·
1992-06-12
The court held that the National Republican Senatorial Committee's (NRSC) fundraising activities did not constitute 'direction or control' over contributions under 11 C.F.R. § 110.6(d)(2), and therefore the contributions did not count against both the individual donor's and the c
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966 F.2d 424·
8th Cir.·
1992-06-10
The court held that the Park Service's decision to allow snowmobiling on the Kabetogama Peninsula was not arbitrary or capricious and did not violate the Wilderness Act, given the park's specific enabling legislation authorizing snowmobile use.
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600 So. 2d 1195·
Fla. 3d DCA·
1992-05-26
The court held that the applicant's failure to demonstrate the financial feasibility of its proposed osteopathic hospital was fatal to its application for a Certificate of Need.
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963 F.2d 275·
9th Cir.·
1992-05-01
The court held that wild horses should be considered 'wildlife' under the Taylor Grazing Act, as intended by Congress, despite potential hardship to permit holders.
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960 F.2d 6·
2d Cir.·
1992-03-19
The court held that the denial of a Medicaid provider's re-enrollment application without a prior hearing does not violate the Equal Protection Clause, as it does not carry the same collateral consequences as a termination for cause. The court also affirmed that claims of arbitra
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956 F.2d 309·
D.C. Cir.·
1992-02-19
The court held that the FHWA's regulation allowing exemptions from the two-year bridge inspection rule without establishing a new maximum interval violates 23 U.S.C. § 151(b)(2), but the five-year rule for underwater inspections was not arbitrary and capricious.
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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.
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955 F.2d 506·
8th Cir.·
1992-01-23
The court held that the Department of Human Services' policy of canceling AFDC benefits based on a single child support payment, without estimating the likelihood of future payments, complies with the Social Security Act and federal regulations.
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954 F.2d 249·
5th Cir.·
1992-01-21
The court affirmed the grant of summary judgment, finding no genuine issue of material fact regarding the breach of the scholarship contract or arbitrary agency action.
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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.
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944 F.2d 882·
Fed. Cir.·
1991-09-19
The court held that the MSPB's decision not to waive recovery of the overpayment was an abuse of discretion, reversing the decision.
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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
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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.
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The court vacated the district court's judgment and remanded the case because a subsequent amendment to the Swampbuster Act provided an explicit good-faith exemption, which applied retroactively.
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930 F.2d 936·
D.C. Cir.·
1991-04-26
The court held that the DEA Administrator's decision to maintain marijuana in Schedule I was based on unreasonable factors that are logically impossible to satisfy for a Schedule I drug, requiring a remand.
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900 F.2d 1023·
7th Cir.·
1990-04-16
The court held that the petitioners lacked standing to challenge the ICC's decision to grant an abandonment exemption for a rail line segment.
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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.
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881 F.2d 757·
9th Cir.·
1989-08-04
The district court lacked jurisdiction under the Clean Air Act's citizen suit provision because EPA's decision not to recognize the disputed lead credit transfer involved discretion, not a failure to perform a nondiscretionary duty.
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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
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873 F.2d 1494·
D.C. Cir.·
1989-05-05
The court held that the Federal Energy Regulatory Commission (FERC) erred in rejecting a settlement because the party did not violate the settlement, and FERC failed to consider reasonable alternatives or the consequences of rejection.
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The court held that prosecutorial arguments minimizing the jury's sentencing responsibility constituted a Caldwell violation, requiring invalidation of the death penalty.
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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.