Arbitrary and Capricious

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

• ESP Fid. Corp. v. Dep't OF Hous. & Urban Dev.
  512 F.2d 887· 9th Cir.· 1975-03-06
  The court held that the appellant lacked standing, the doctrine of unclean hands applied, and the district court lacked jurisdiction to grant the requested relief.
• Tamiami Trail Tours, Inc. v. Fla. Pub. Serv. Comm'n
  308 So. 2d 30· Fla.· 1975-01-29
  Tamiami Trail Tours challenged the Florida Public Service Commission's grant of permanent transportation authority to Greyhound Lines for service between Dunnellon and Ocala, arguing that Tamiami's earlier application should have been adjudicated first. The Florida Supreme Court
• City OF Sunrise v. Inman
  307 So. 2d 860· Fla. 4th DCA· 1975-01-24
• Rhone-Poulenc S.A. v. Dann
  507 F.2d 261· 4th Cir.· 1974-12-03
  The court held that requiring cancellation of the phrase 'and anti-tumour' from a patent specification, without allowing an amendment to restrict the claim to supported uses, was arbitrary and capricious.
• 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.
• Nelson v. Kleppe
  494 F.2d 514· 5th Cir.· 1974-05-28
  The court held that the Supreme Court's decision in Arnett v. Kennedy adversely disposes of the appellant's constitutional due process contentions.
• 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.
• Ulrich v. Dade Cnty.
  40 Fla. Supp. 34· Dade Cty. Cir. Ct.· 1974-01-11
  Ulrich sought rezoning of 193+ acres in Dade County from agricultural and estate-use to residential and townhouse classifications to develop 700+ units. The circuit court upheld the county commission's denial of the rezoning application, holding that preserving agricultural use w
• William F. Wilke, Inc. v. Dep't OF the Army OF the United States
  490 F.2d 917· 4th Cir.· 1973-12-17
  The dissenting judge holds that the district court erred in denying injunctive relief because the Army arbitrarily transgressed statutory limits and its own regulations.
• Junior Davis v. Tenn. Corp.
  271 So. 2d 216· Fla. 2d DCA· 1973-01-05
  Junior Davis sought disability retirement benefits under his employer's retirement plan, but the Retirement Board denied his application. The trial court granted summary judgment for the employer, and the appellate court affirmed, finding no genuine issue of material fact and no
• United States v. Sonny Brooks Degraffenreid
  471 F.2d 23· 2d Cir.· 1972-12-29
  A registrant cannot claim improper induction order based on minor or technical violations of Selective Service regulations by the local board.
• Serv. Elec. Cable TV v. Fed. Commc'ns Comm'n Taft Broad. Co.
  473 F.2d 104· D.C. Cir.· 1972-11-09
  The court held that the FCC's determination that expansion into a separately incorporated borough constituted expansion into 'another community' was not arbitrary or capricious and was consistent with prior interpretations of its rules.
• Nash v. Tobriner
  462 F.2d 314· D.C. Cir.· 1972-05-30
  The court held that the District of Columbia Commissioners' action in refusing to close alleys was neither arbitrary nor capricious, thus affirming the denial of damages.
• Alvis N. Dowd v. Fed. Commc'ns Comm'n
  463 F.2d 834· D.C. Cir.· 1972-04-10
  The court held that the FCC's denial of a waiver to amend a broadcast license application was not arbitrary or capricious, as the appellant's alleged hardships did not constitute extraordinary circumstances justifying a waiver of the freeze.
• Plasterers Local Union NO. 79, Operative Plasterers' & Cement Masons' Int'l Ass'n, AFL-CIO v. Nat'l Labor Relations Bd.
  461 F.2d 1235· D.C. Cir.· 1972-03-08
  The court held that the National Labor Relations Board's determination regarding work assignment was neither arbitrary nor capricious and was supported by substantial evidence, thus it is valid.
• Jess S. Almeda v. The United States
  453 F.2d 1397· Ct. Cl.· 1972-01-21
  The court held that the agency head's decision not to pay overtime for voluntary training hours was not arbitrary, capricious, or contrary to law, and thus would not be overturned.
• 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.
• Fishburn v. Gardner
  452 F.2d 1004· 3d Cir.· 1971-12-21
  The court held that the administrative decision denying disability benefits was supported by substantial evidence and not arbitrary or capricious.
• Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Laird
  443 F.2d 617· 5th Cir.· 1971-06-15
  The court held that the Air Force's denial of conscientious objector applications for insufficient documentation constituted a final administrative decision, allowing immediate access to habeas corpus relief.
• McDONALD v. The United States
  436 F.2d 477· Ct. Cl.· 1971-01-22
  The court held that the executor was not entitled to recover deductions made from the deceased's retired pay before his divorce, as the election to participate in the annuity plan was a binding agreement for which consideration was provided.
• Charles T. Parker Constr. Co. & Pac. Concrete Co. v. The United States
  433 F.2d 771· Ct. Cl.· 1970-11-13
  The court held that the agency's decision denying the contractor's claim for changed conditions was supported by substantial evidence and correct as a matter of law, and therefore the contractor was not entitled to recover.
• Eden v. Lim P. LEE
  433 F.2d 1077· 9th Cir.· 1970-11-03
  The court held that the Post Office Department's order to refund all impounded funds was arbitrary and unwarranted because the settlement agreement, as interpreted by the parties and contract law, allowed for 'cured' breaches, and the revised advertisement was found to have cured
• Nat'l Labor Relations Bd. v. Monticello Cedar Co., Inc.
  429 F.2d 580· 9th Cir.· 1970-06-24
  The court held that the company's allegations of irregularities in the election did not constitute arbitrary or capricious conduct by the Regional Director, thus the Board's order would be enforced.
• Myers v. The United States
  416 F.2d 1302· Ct. Cl.· 1969-10-17
  The Secretary of the Navy's decision to place a servicemember on the Permanent Disability Retired List, despite a finding of fitness by the Physical Evaluation Board, was not arbitrary, capricious, or contrary to law.
• Gen. Dynamics Corp. v. The United States
  410 F.2d 404· Ct. Cl.· 1969-05-16
  The court held that the plaintiff was not entitled to recover housing project costs because they were not specifically included as allowable costs in the contract and there was substantial evidence supporting the Board's finding that such costs were unreasonable.
• Thompson v. The United States
  405 F.2d 1239· Ct. Cl.· 1969-01-24
  The court held that the plaintiff was not entitled to disability retirement pay because his claimed mental condition was a personality disorder, not a service-connected disease.
• 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
• Holloway v. The United States
  388 F.2d 685· Ct. Cl.· 1967-12-15
  The court held that the Air Force Board for the Correction of Military Records acted arbitrarily by setting an incorrect terminal date for the plaintiff's active duty status, and plaintiff is entitled to back pay and retirement pay based on his actual service dates.
• Fiduciary Counsel, Inc. v. Wirtz
  D.D.C.· 1967-07-07
  The court held that the district court erred in failing to address the appellant's claim that the denial of exemption from bonding requirements was arbitrary and discriminatory, despite affirming the district court's conclusion on statutory coverage.
• Am. Bank & Tr. Co. v. Saxon
  373 F.2d 283· 6th Cir.· 1967-02-28
  The State appealed a decision reversing a conviction and granting a new trial, which was based on the District Court's holding that the trial court denied the appellee his right to waive counsel and conduct his own defense.
• Ass'n of Fair Competitive Practices in Air Conditioning, Inc. v. Pub. Serv. Comm'n of the Dist. of Columbia
  372 F.2d 934· D.C. Cir.· 1967-02-02
  The court held that the appellant lacked standing to challenge the utility's rate application and that the Commission's decision was supported by substantial evidence.
• Zwang v. Udall
  371 F.2d 634· 9th Cir.· 1967-01-10
  The court held that the Secretary of the Interior's determination that the Land Office's April 3, 1963 action constituted a protest, tolling the two-year patent entitlement period, was not arbitrary or capricious.
• Kaycee, Inc. v. Simonson
  369 F.2d 958· D.C. Cir.· 1966-11-22
  The court held that there was insufficient evidence of bias to disqualify a Board member and that the Board's decisions were supported by the record.
• The First Hardin Nat'l Bank & the Farmers Bank of Vine Grove v. Fort Knox Nat'l Bank
  361 F.2d 276· 6th Cir.· 1966-05-26
  The court held that the Comptroller's determination that Fort Knox is part of Hardin County for the purposes of the Kentucky Banking Act is a factual finding supported by substantial evidence and thus affirmed the lower court's decision.
• Ass'n FOR the Pres. OF the 1700 Block OF N St. v. Duke
  356 F.2d 344· D.C. Cir.· 1966-01-27
  The court held that the Zoning Commission's action was supported by substantial evidence and had a substantial relation to the public welfare, thus affirming the District Court's grant of summary judgment.
• Zorovich v. City of Miami
  26 Fla. Supp. 43· Dade Cty. Cir. Ct.· 1965-09-30
  Plaintiffs challenged the City of Miami's R-5A zoning classification of their bayfront property as arbitrary, unreasonable, and unconstitutional. The court held the zoning restriction void and violative of property rights, finding it had no substantial relationship to public heal
• State v. Farrell
  25 Fla. Supp. 120· Dade Cty. Cir. Ct.· 1965-07-02
  The court held that the ordinance is not invalid for uncertainty or arbitrariness, and the record supports the convictions.
• NEW York Foreign Freight Forwarders & Brokers Ass'n, Inc. v. Fed. Mar. Comm'n & United States
  337 F.2d 289· 2d Cir.· 1964-10-14
  The court held that the challenged Federal Maritime Commission regulations were reasonable and consistent with the authority granted by the Shipping Act and the Freight Forwarder Law, serving to prevent abuses and promote fair practices in the industry.
• 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.
• Novak v. R.R. Ret. Bd.
  323 F.2d 867· 7th Cir.· 1963-10-04
  The court held that the Railroad Retirement Board's decision denying unemployment benefits was not arbitrary, capricious, or unsupported by substantial evidence.
• 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.
• E. C. HAY & Sons, Inc. v. Burrows
  315 F.2d 427· 9th Cir.· 1963-03-28
  The court held that a field of Austrian winter peas with volunteer wheat that matured constituted excess wheat acreage under applicable regulations, and the classification was not arbitrary or capricious.
• Rounsaville OF Louisville, Inc. v. Fed. Commc'ns Comm'n
  314 F.2d 280· D.C. Cir.· 1963-02-21
  The court held that the FCC properly applied its rules in denying an application for expanded broadcast facilities due to objectionable interference, even if a literal application of one calculation method would yield an anomalous result.
• Bilanow v. The United States
  309 F.2d 267· Ct. Cl.· 1962-11-07
  The court affirmed the agency's decision, finding its method of calculating retention credits was not arbitrary or capricious, despite a later implemented system that would have prevented the plaintiff's termination.
• 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.
• The Pa. State Univ. v. Fed. Commc'ns Comm'n & United States
  304 F.2d 956· D.C. Cir.· 1962-06-21
  The court held that the FCC did not abuse its discretion or act arbitrarily in dismissing a petition to allocate a VHF channel for noncommercial educational use at State College, Pennsylvania.
• Simone Scozzari v. Rosenberg
  302 F.2d 592· 9th Cir.· 1962-01-26
  The court held that the administrative denial of a record of admission for permanent residence was supported by substantial evidence and not arbitrary or capricious.
• Guinan v. Fed. Commc'ns Comm'n
  D.D.C.· 1961-12-07
  The court held that the Federal Communications Commission did not act arbitrarily or capriciously in denying a waiver of its 10% rule, and thus properly denied the appellant's application for a construction permit.
• Foller v. Winfred Overholser
  292 F.2d 732· D.C. Cir.· 1961-05-04
  The court held that the mandatory commitment statute for individuals found not guilty by reason of insanity is constitutional, and the superintendent's refusal to certify release was not arbitrary or capricious.
• 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