Arbitrary and Capricious – Defined In Easy Terms

So a new court case crossed my desk today, at least new to me, it is one from Florida that appears to have had many lives. In it the Army Corps of Engineers lost an over $4 million judgement for denying a wetlands fill permit.

At first glance, and why I took the time to read it, one would question how denying a permit that someone is not entitled to by-right could possibly be a taking. The answer is found on Page 3 of the decision:

The Corps acknowledged that if an applicant other than Lost Tree had sought the permit, it would have been granted.

Bottom line, no matter what, all applicants must be treated the same.

Lost Tree Village Corp. v United States


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