arbitrary and capricious standard (West Virginia) · Go Syfert
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arbitrary and capricious standard in West Virginia

14 West Virginia opinions name it 2 courts 1995–2025 1 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Martin v. Randolph County Board of Educationgreen
wva · 1995 · cited in 9 West Virginia opinions naming this issue, 1997–2025
2 sentences

2025Therefore, “[t]he scope of review under the arbitrary and capricious standard is narrow, and a court is not to substitute its judgment for that of the hearing examiner.” Martin v. Randolph County Bd. of Educ., 195 W.

2008Thus, "[t]he scope of review under the arbitrary and capricious standard is narrow, and a court is not to substitute its judgment for that of the hearing examiner." Martin, 195 W.Va. at 304 , 465 S.E.2d at 406 .

49
Randolph County Board of Education v. Scaliagreen
wva · 1989 · cited in 3 West Virginia opinions naming this issue, 1995–2002
2 sentences

2002Standard of Review In syllabus point one of Randolph County Board of Education v. Scalia, 182 W.Va. 289, 387 S.E.2d 524 (1989), this Court explained: “A final order of the hearing examiner for the West Virginia Educational Employees Grievance Board, made pursuant to W.Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” In Martin v. Randolph County Board of Education, 195 W.Va. 297 , 465 S.E.2d 399 (1995), this Court commented upon the narrow review which is appropriate in these matters, explaining that “[t]he scope of review under th

2002Standard of Review In syllabus point one of Randolph County Board of Education v. Scalia, 182 W.Va. 289, 387 S.E.2d 524 (1989), this Court explained: “A final order of the hearing examiner for the West Virginia Educational Employees Grievance Board, made pursuant to W.Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” In Martin v. Randolph County Board of Education, 195 W.Va. 297 , 465 S.E.2d 399 (1995), this Court commented upon the narrow review which is appropriate in these matters, explaining that “[t]he scope of review under th

23
Harrison v. Ginsberggreen
wva · 1982 · cited in 1 West Virginia opinions naming this issue, 2009–2009
2 sentences

2009Harrison, 169 W.Va. at 175-176 , 286 S.E.2d at 283-284 (internal citations and quotations omitted).

2009Harrison, 169 W.Va. at 175-176 , 286 S.E.2d at 283-284 (internal citations and quotations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
In Re Queen green
wva · 1996
2 sentences

2002In applying this standard we are guided by this Court’s holding in syllabus point three of In re Queen, 196 W.Va. 442 , 473 S.E.2d 483 (1996), wherein we said that the arbitrary and capricious standard of review presumes the actions taken “are valid as long as the decision is supported by substantial evidence or by a rational basis.” Id. at 444 , 473 S.E.2d at 485 .

2002In applying this standard we are guided by this Court’s holding in syllabus point three of In re Queen, 196 W.Va. 442 , 473 S.E.2d 483 (1996), wherein we said that the arbitrary and capricious standard of review presumes the actions taken “are valid as long as the decision is supported by substantial evidence or by a rational basis.” Id. at 444 , 473 S.E.2d at 485 .

32001–2013

Statutes the citing opinions construe

WV § W. Va. Code § 18-29-1 (5) WV § W. Va. Code § 29A-5-4 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 154 (1973–2026) WA 95 (1976–2026) WY 90 (1989–2024) LA 51 (1987–2026) MS 35 (1991–2024) TX 35 (1990–2025) NJ 35 (1992–2026) CA 34 (1977–2026) AL 25 (2000–2026) MD 25 (1980–2024) MA 19 (1977–2023) IN 18 (1987–2019) KS 17 (1984–2020) RI 17 (2002–2019) IL 16 (1978–2020) WV 14 (1995–2025) MN 13 (1986–2019) MT 11 (1989–2025) WI 10 (1977–2015) MI 9 (1984–2026) AK 8 (1990–1997) UT 8 (1983–2024) HI 8 (2014–2021) TN 7 (2002–2022) NC 6 (1989–2004) NV 6 (2017–2020) NM 6 (1992–2025) FL 5 (1981–2010) CO 4 (1994–1996) DE 3 (1995–2021) VA 3 (1982–2001) PA 3 (1999–2026) OK 3 (2003–2018) AR 2 (1993–2025) OR 2 (2023–2023) OH 2 (1989–1999) VT 2 (2019–2021) SC 2 (1996–2021) ME 2 (1989–2005) ND 2 (2018–2018) KY 2 (1987–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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