Arbitrary and Capricious

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

• 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
• Helena TV, Inc. v. Fed. Commc'ns Comm'n
  277 F.2d 88· D.C. Cir.· 1960-02-18
  The court held that the Commission's action in postponing the effective dates of broadcast grants pending a protest hearing was supported by the record and within its statutory authority.
• Harold Friedman in Bankr. for the Gerico Inv. Co. v. Fed. Commc'ns Comm'n
  263 F.2d 493· D.C. Cir.· 1959-01-29
  The court held that assigning a new VHF channel to Miami does not constitute a modification of Gerico's UHF license, and an appeal under § 402(b) is dismissed for lack of jurisdiction.
• Beachview Broad. Corp. v. Fed. Commc'ns Comm'n
  262 F.2d 688· D.C. Cir.· 1958-09-18
• 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
• Jogindar Singh Clair v. Barber
  258 F.2d 558· 9th Cir.· 1958-06-23
  The court held that the Board of Immigration Appeals' denial of suspension of deportation was not arbitrary or capricious.
• Pedersen v. Ezra Taft Benson
  255 F.2d 524· D.C. Cir.· 1958-02-13
  The court held that the Secretary of Agriculture could not arbitrarily deny the release of imported giraffes to a private zoo based on undefined criteria of "acceptable governmental control."
• In re Fla. Transp. Co.
  9 Fla. Supp. 6· Fla. Railroad & P. U. C.· 1956-04-24
  The Florida Railroad & Public Utilities Commission canceled Florida Transportation Co.'s certificate of public convenience and necessity #260. The commission found that the company had abandoned its route by ceasing operations for an extended period, failing to pay mileage taxes,
• Klein v. Fed. Commc'ns Comm'n
  232 F.2d 73· D.C. Cir.· 1956-02-02
  The court held that the Federal Communications Commission did not act arbitrarily or beyond its statutory authority in denying appellant's application for radio facilities.
• 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
• Scoville v. Town OF Miami Springs
  6 Fla. Supp. 94· Dade Cty. Cir. Ct.· 1954-02-19
  A gasoline service station operator challenged a Miami Springs ordinance restricting price signs to 12x12 inches and limiting their placement to dispensing equipment. The court held the ordinance unconstitutional as an arbitrary and unreasonable exercise of police power that viol
• James Flett Org., Inc. v. Freehill
  202 F.2d 161· Emer. Ct. App.· 1953-02-17
  The court held that Section 19 of Ceiling Price Regulation 5 is invalid because it creates an arbitrary and unnecessary competitive disadvantage for complainant compared to brokers, without preserving a pre-existing price differential or serving the Act's purposes.
• Zitron Bros., Inc. v. Reconstr. Fin. Corp.
  201 F.2d 515· Emer. Ct. App.· 1953-02-03
  The court held that the Reconstruction Finance Corporation (RFC) was not arbitrary or capricious in its determination regarding subsidy payments, and that the challenged regulations were valid.
• Starkey v. Directors of Reconstr. Fin. Corp.
  193 F.2d 1017· Emer. Ct. App.· 1952-02-01
  The court held that the respondent's actions in invalidating subsidy claims for lack of a quota base and recomputing other claims based on proper classification were within its statutory authority and not arbitrary or unlawful.
• Daranowich v. Land
  186 F.2d 386· 2d Cir.· 1951-01-15
  The court held that the plaintiff failed to prove the seaman's death was directly occasioned by warlike operations, thus not covered by the policy.
• 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.
• Longmoor Corp. v. Creedon
  162 F.2d 747· Emer. Ct. App.· 1947-06-11
  The court adheres to its prior opinion, finding the Administrator's conclusion that no peculiar circumstances materially affected rents was not arbitrary and was supported by substantial evidence.
• 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.
• Calumet Broad. Corp. v. Fed. Commc'ns Comm'n
  160 F.2d 285· D.C. Cir.· 1947-03-10
  The court held that the Commission's denial of the broadcasting license was not arbitrary or capricious, as the applicant's officers demonstrated a willingness to deceive the Commission through evasive and contradictory statements regarding financial matters and stock ownership.
• 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.
• Parkleigh Fashions, Inc. v. Porter
  157 F.2d 599· Emer. Ct. App.· 1946-10-22
  The court held that the regulation's requirement for authorization before using an amended pricing chart is arbitrary and capricious, and therefore invalid.
• McGRAW v. United States
  156 F.2d 539· 1st Cir.· 1946-07-15
  The court held that failure to exhaust administrative remedies for classification review bars judicial challenge to the legality of that classification.
• E. & L. Transp. Co. v. Bowles
  151 F.2d 274· Emer. Ct. App.· 1945-10-02
  The court held that the Office of Price Administration Administrator did not act arbitrarily or capriciously in denying a full rate increase, as the complainant failed to demonstrate a threat to continued service supply.
• Johnston v. Bd. of Dental Exam'rs
  D.D.C.· 1943-01-18
  The court held that the District of Columbia Dental Act of 1940 and the Board of Dental Examiners' regulations thereunder are constitutional and valid.
• Liew Fat v. Carmichael
  118 F.2d 1009· 9th Cir.· 1941-04-16
  The court held that the Board of Special Inquiry's finding that the claimed relationship was not established was not arbitrary or capricious, despite discrepancies in testimony.