Arbitrary and Capricious

3,777 Florida cases classified under this topic · sorted by citation count

• Lukens Steel Co. v. Klutznick
  629 F.2d 881· 3d Cir.· 1980-08-19 ·cited 12×
  The court held that the Economic Development Administration's (EDA) use of aggregate production figures to assess compliance with section 702 of the Public Works and Economic Development Act (PWEDA) was arbitrary and inconsistent with the Act's purpose, as it could conceal signif
• Amusement & Music Operators Ass'n v. The Copyright Royalty Tribunal
  636 F.2d 531· D.C. Cir.· 1980-08-07 ·cited 12×
  The Court held that the Copyright Royalty Tribunal's regulations concerning phonorecord player access must be reviewed directly by the Court of Appeals, not the District Court, as mandated by 17 U.S.C. § 810.
• Concord Twp. v. The United States & the Interstate Commerce Comm'n
  625 F.2d 1068· 3d Cir.· 1980-06-23 ·cited 12×
  The court held that the ICC's grant of a certificate for freight service over the eastern segment of the line was arbitrary and capricious due to a lack of substantial evidence of shipper need, and that an Environmental Impact Statement was not required.
• CF&I Steel Corp. v. Econ. Dev. Admin.
  624 F.2d 136· 10th Cir.· 1980-06-20 ·cited 12×
  The court held that the Economic Development Administration's (EDA) approval of a loan guarantee for Wheeling-Pittsburgh Steel was rational and supported by the administrative record, and that the trial court did not err in its review.
• CBS, Inc. v. Fed. Commc'ns Comm'n & United States
  629 F.2d 1· D.C. Cir.· 1980-03-14 ·cited 12×
  The court held that Section 312(a)(7) of the Communications Act, as implemented by the FCC, is constitutional because its limited oversight role and careful adherence to neutrality standards sufficiently mitigate the danger of impermissible government favoritism.
• Solar Energy Control, Inc. v. State of Fla. Dep't of Health & Rehabilitative Servs.
  377 So. 2d 746· Fla. 1st DCA· 1979-11-21 ·cited 12×
  Solar Energy Control sought judicial review of a state agency's decision to reject all bids on a window film installation contract and rebid the project, despite petitioner's bid being the lowest conforming bid. The court ordered an administrative hearing and enjoined further bid
• E. I. du Pont de Nemours & Co. v. The United States
  608 F.2d 445· Ct. Cl.· 1979-10-17 ·cited 12×
  The court affirmed the Commissioner's reallocation of income, finding the taxpayer failed to prove the Commissioner's method was arbitrary or capricious.
• Comm. TO Elect Lyndon la Rouche v. Fed. Election Comm'n
  613 F.2d 834· D.C. Cir.· 1979-08-23 ·cited 12×
  The court held that the Presidential Primary Matching Payment Act requires candidates to demonstrate eligibility with adequate documentation, and the Federal Election Commission can investigate patent irregularities suggesting fraud, balancing prompt payment with preventing frivo
• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  595 F.2d 897· 2d Cir.· 1979-03-22 ·cited 12×
  The court held that the FCC's grant of perpetual certificates for specialized international record communications service was arbitrary and capricious due to serious doubts about implementation, and that the FCC's interpretation of Section 222 regarding the separation of domestic
• City OF Tampa v. Islands Four, Inc.
  364 So. 2d 738· Fla. 2d DCA· 1978-09-27 ·cited 12×
  The City of Tampa denied Islands Four's application to renew its public dance hall license based on noise ordinance violations. The trial court found the city acted arbitrarily and capriciously and awarded damages. The appellate court reversed, holding that sufficient competent e
• Gen. Dynamics Corp. v. Marshall
  572 F.2d 1211· 8th Cir.· 1978-02-14 ·cited 12×
  The court held that FOIA exemptions are permissive, not mandatory, and that 18 U.S.C. § 1905 does not provide a private cause of action for injunctive relief against disclosure. Review of agency decisions to disclose information should be under the Administrative Procedure Act ba
• United AIR Lines, Inc. v. Civil Aeronautics Bd. [Holding Co. Reorganizations]
  569 F.2d 640· D.C. Cir.· 1977-11-28 ·cited 12×
  The court held that the Civil Aeronautics Board (CAB) had the authority to impose conditions on air carrier certificates to regulate intercorporate transactions with holding companies, even without express statutory power for each specific regulation. The court also found that th
• Niagara Univ. v. Nat'l Labor Relations Bd.
  558 F.2d 1116· 2d Cir.· 1977-07-21 ·cited 12×
  The court held that the National Labor Relations Board's exclusion of certain religious faculty from the bargaining unit was arbitrary and not supported by substantial evidence.
• C. A. White Trucking Co. v. United States & Interstate Commerce Comm'n
  555 F.2d 1260· 5th Cir.· 1977-07-15 ·cited 12×
  The court held that the Interstate Commerce Commission's denial of gateway elimination applications was supported by substantial evidence and not arbitrary or capricious.
• Julius Goldman's Egg City v. The United States
  556 F.2d 1096· Ct. Cl.· 1977-06-15 ·cited 12×
  The court held that judicial review of indemnity payments is available, but only to determine if the administrative computation was arbitrary, capricious, an abuse of discretion, or contrary to law. The court also found that triable issues of fact existed regarding the plaintiff'
• Ideal Basic Indus., Inc. v. Rogers C. B. Morton
  542 F.2d 1364· 9th Cir.· 1976-09-28 ·cited 12×
  The Interior Board of Land Appeals (IBLA) had the authority to reconsider a prior administrative decision, and the applicant had not exhausted administrative remedies by failing to participate in further fact-finding proceedings.
• Garrett Freightlines, Inc. v. United States & Interstate Commerce Comm'n
  540 F.2d 450· 9th Cir.· 1976-07-26 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of temporary motor carrier authority was not arbitrary, capricious, or an abuse of discretion, as there was some evidence supporting the finding of an immediate and urgent need.
• Lenard Wallace Nolen, Sr. v. Rumsfeld
  535 F.2d 888· 5th Cir.· 1976-07-21 ·cited 12×
  The court held that the district court accorded the plaintiff a full hearing as required and that the Army Board for Correction of Military Records' decision was not arbitrary, capricious, or unsupported by substantial evidence.
• Ger-Ro-Mar, Inc. v. Fed. Trade Comm'n
  518 F.2d 33· 2d Cir.· 1975-06-16 ·cited 12×
  The court held that the FTC failed to provide substantial evidence that the multi-level marketing plan had the capacity to deceive, as it relied solely on an abstract mathematical theorem without relating it to marketplace realities. However, the court affirmed FTC findings regar
• Maryland-National Cap. Park & Planning Comm'n v. Lynn
  514 F.2d 829· D.C. Cir.· 1975-06-12 ·cited 12×
  The court held that the Secretary of HUD did not err in denying approval for the lease of open-space land for an indoor tennis facility due to a restrictive fee schedule, as it was inconsistent with the grant contract's purpose of preserving open-space use and ensuring public acc
• Merchs. & Planters Bank of Newport v. Smith
  516 F.2d 355· 8th Cir.· 1975-05-09 ·cited 12×
  The court affirmed the district court's judgment, finding the Comptroller's approval of a branch bank facility was neither arbitrary, capricious, nor an abuse of discretion.
• Peden v. The United States
  512 F.2d 1099· Ct. Cl.· 1975-03-19 ·cited 12×
  The court held that the dismissal of an ex-government employee was proper, as the agency's decision was based on substantial evidence and not arbitrary, capricious, or contrary to law, despite procedural issues with one charge.
• Blackman v. The City OF BIG Sandy
  507 F.2d 935· 5th Cir.· 1975-02-07 ·cited 12×
  The court held that the city's zoning ordinance, which prohibited the sale of intoxicating beverages in a residential zone, was not arbitrary, capricious, or unconstitutional as applied to the appellants.
• The First Bank & Tr. Co. v. Smith
  509 F.2d 663· 1st Cir.· 1975-01-03 ·cited 12×
  The court held that the Comptroller's approval of a branch bank application must be remanded because the record did not clearly demonstrate consideration of the relevant state statutory standard, which is required by federal law.
• Associated Elec. Coop., Inc. v. Rogers C. B. Morton
  507 F.2d 1167· D.C. Cir.· 1974-11-18 ·cited 12×
  The court held that the Secretary of the Interior's imposition of a transmission service charge was a valid exercise of his rate-making authority under the Flood Control Act and the contract, and that the agency's actions were subject to judicial review and not arbitrary or capri
• Metro. Dade Cnty. v. The Babcock Co.
  287 So. 2d 139· Fla. 3d DCA· 1973-12-21 ·cited 12×
  The court held that the trial court did not err in quashing the Board's order denying the developer's application for temporary use of septic tanks.
• Env't Def. Fund, Inc. v. Froehlke
  477 F.2d 1033· 8th Cir.· 1973-04-20 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a blanket injunction to halt all construction pending a final Environmental Impact Statement, balancing the equities and potential harm.
• Wood v. United States Post Off. Dep't
  472 F.2d 96· 7th Cir.· 1973-01-09 ·cited 12×
  The court held that the Postal Service's discharge of Wood was supported by substantial evidence and had a rational basis, thus it was not arbitrary or capricious.
• The First Nat'l Bank OF Crown Point v. Camp
  463 F.2d 595· 7th Cir.· 1972-07-07 ·cited 12×
  The court held that the Comptroller's approval of a branch bank location was supported by substantial evidence and not arbitrary or capricious, and that the district court properly granted summary judgment.
• Algie v. Surratt
  463 F.2d 378· 5th Cir.· 1972-06-20 ·cited 12×
  The court held that the district court properly denied the NLRB's motion to dismiss for lack of subject matter jurisdiction, as the NLRB's mechanistic application of its blocking charge principle denied plaintiffs due process.
• Application of Anastasios Vassiliou and Verna K. Vassiliou v. Dist. Dir. OF Immigr. & Naturalization Serv.
  461 F.2d 1193· 10th Cir.· 1972-06-16 ·cited 12×
  The court held that the Immigration and Naturalization Service did not abuse its discretion or act arbitrarily and capriciously in denying further extensions for voluntary departure.
• City Lumber Co. & Port Everglades Steel Corp. v. The United States
  457 F.2d 991· C.C.P.A.· 1972-04-13 ·cited 12×
  The court held that the Tariff Commission's determination of injury was not arbitrary, capricious, or ultra vires, and that the Customs Court correctly affirmed the imposition of dumping duties.
• McCLENDON v. Winton M. Blount
  452 F.2d 381· 7th Cir.· 1971-11-04 ·cited 12×
  The court held that the plaintiff failed to state a claim upon which relief could be granted and that the cause of action was barred by res judicata.
• Nager Elec. Co., Inc. v. The United States
  442 F.2d 936· Ct. Cl.· 1971-05-14 ·cited 12×
  The court held that the administrative determination of the credit due to the Government for deleted valves was incorrect because it failed to consider the contractor's actual and probable costs and the benefit of its bargain with its subcontractor.
• Muldonian v. The United States
  432 F.2d 443· Ct. Cl.· 1970-10-16 ·cited 12×
  The court held that the plaintiff was not entitled to back pay or accelerated promotions because the Air Force Board for Correction of Military Records' decision was not arbitrary, capricious, or contrary to law, and military promotions are largely discretionary.
• Ruderer v. The United States
  412 F.2d 1285· Ct. Cl.· 1969-07-16 ·cited 12×
  The court held that the plaintiff's removal was not arbitrary or capricious and was supported by substantial evidence, and that the denial of a within-grade pay increase was also proper.
• Beckham v. The United States
  375 F.2d 782· Ct. Cl.· 1967-04-14 ·cited 12×
  The court held that the waiver statute applies only to civilian-incurred injuries and that the Trial Commissioner erred in denying plaintiff's request for a trial.
• Metro. Dade Cnty. v. Jennings Constr. Co.
  196 So. 2d 33· Fla. 3d DCA· 1967-02-21 ·cited 12×
  In a zoning dispute, the circuit court granted certiorari and vacated the County Commission's rezoning decision, finding it arbitrary and unreasonable, then imposed its own zoning plan. The appellate court affirmed that the Commission's decision was invalid but remanded because t
• Mulry v. Driver
  366 F.2d 544· 9th Cir.· 1966-09-15 ·cited 12×
  The court held that even if the Administrator's regulation is subject to judicial review, courts have strict limitations on their power to substitute their judgment for that of the administrative agency when the agency acts within its delegated authority.
• Agatha Mendelson v. Macy
  356 F.2d 796· D.C. Cir.· 1966-01-13 ·cited 12×
  The court held that the Civil Service Commission's findings were adequate, the finding of fraud was not arbitrary, and the Associate Administrator's review substantially complied with NASA's procedural requirements.
• Vitex Mfg. Co., Ltd. v. The Gov't OF the Virgin Islands
  351 F.2d 313· 3d Cir.· 1965-10-13 ·cited 12×
  The court held that the Industrial Incentive Board lacked the power to impose a time limitation on Vitex's temporary permit to employ non-resident labor, and its revocation based on this invalid limitation and unrelated economic factors was arbitrary and capricious.
• Nat'l Labor Relations Bd. v. Gen. Tube Co.
  331 F.2d 751· 6th Cir.· 1964-05-13 ·cited 12×
  The court held that the Regional Director's determination of voter eligibility was not arbitrary or capricious, and therefore, the NLRB's order for the respondent to engage in collective bargaining should be enforced.
• Gen. Motors Corp. v. United States & Interstate Commerce Comm'n
  324 F.2d 604· 6th Cir.· 1963-11-20 ·cited 12×
  The court affirmed the district court's dismissal, upholding the Interstate Commerce Commission's tariff classification.
• United States v. Arison Agee
  322 F.2d 139· 6th Cir.· 1963-08-30 ·cited 12×
  The court held that while judicial review of administrative decisions in eminent domain is narrow, it is permissible to review for bad faith, and the District Court correctly found no bad faith in the taking of the entire tract.
• Fort Harrison Telecasting Corp. v. Fed. Commc'ns Comm'n & United States
  324 F.2d 379· D.C. Cir.· 1963-06-27 ·cited 12×
  The dissenting judge believes the Commission's action to transfer Channel 2 from Springfield to St. Louis violates Section 307(b) and is arbitrary.
• Jamieson v. Marion B. Folsom now Anthony J. Celebrezze
  311 F.2d 506· 7th Cir.· 1963-01-11 ·cited 12×
  The court held that the plaintiff's petition for review was untimely filed, barring his right to judicial review.
• City OF Holly Hill v. State of Fla. ex rel. GEM Enters., Inc.
  132 So. 2d 29· Fla. 1st DCA· 1961-07-06 ·cited 12×
  The court held that the city's refusal to transfer Gem's liquor license was arbitrary and that Gem was entitled to a writ of mandamus because a package store is a permissible use in Business Zone AA.
• McMAHON v. City OF Dubuque
  255 F.2d 154· 8th Cir.· 1958-05-08 ·cited 12×
  A city's refusal to rezone property for commercial use, even if it has higher commercial value, is permissible under its police power if it aligns with a comprehensive zoning plan and is not arbitrary or capricious.
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  236 F.2d 289· 3d Cir.· 1956-07-25 ·cited 12×
  The court held that the Federal Power Commission's order denying Panhandle's application to reduce natural gas service was not arbitrary or capricious and was supported by substantial evidence.
• United States v. Wilson
  215 F.2d 443· 7th Cir.· 1954-07-15 ·cited 12×
  The national appeal board had no basis in fact to deny conscientious objector status based on uncorroborated testimony.