11 Montana opinions name it 1 courts 1989–2025 4 in the last five years
The cases below were cited by Montana 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.
| Case | Followed | Cited |
|---|---|---|
North Fork Preservation Ass'n v. Department of State Landsgreen2 sentences2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). 2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). | 3 | 4 |
Marsh v. Oregon Natural Resources Councilgreen2 sentences2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). 2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). | 1 | 1 |
Gte South, Incorporated v. Theodore V. Morrison, Jr.green1 sentence2003Co. v. Apple, 309 F.3d 713 (10th Cir.2002) (collecting cases using the arbitrary-and-capricious standard); GTE South, Inc. v. Morrison, 199 F.3d 733, 745 (4th Cir.1999) (employing "substantial evidence” review). . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kiely Construction, L.L.C. v. City of Red Lodge Ex Rel. Red Lodge City Council
green
2 sentences2025LLC v. City of Red Lodge, 2002 MT 241, ¶ 69 , 312 Mont. 52 , 57 P.3d 836 ). “[A] local governing body’s decision is arbitrary and capricious 5 if it appears, based on the existing record, to be random, unreasonable, or seemingly unmotivated.” CANSC, ¶ 28 (citation omitted). 2025LLC v. City of Red Lodge, 2002 MT 241, ¶ 69 , 312 Mont. 52 , 57 P.3d 836 ). “[A] local governing body’s decision is arbitrary and capricious 5 if it appears, based on the existing record, to be random, unreasonable, or seemingly unmotivated.” CANSC, ¶ 28 (citation omitted). | 2 | 2021–2025 |
Montana Wildlife Federation v. Montana Board of Oil & Gas Conservation
green
2 sentences2022Bd. of Oil & Gas Cons., 2012 MT 128, ¶ 25 , 365 Mont. 232 , 280 P.3d 877 (“A review under the arbitrary and capricious standard ‘does not permit a reversal merely because the record contains inconsistent evidence or evidence which might support a different result. 2022Bd. of Oil & Gas Cons., 2012 MT 128, ¶ 25 , 365 Mont. 232 , 280 P.3d 877 (“A review under the arbitrary and capricious standard ‘does not permit a reversal merely because the record contains inconsistent evidence or evidence which might support a different result. | 2 | 2021–2022 |
Hobble Diamond Ranch, LLC v. State Ex Rel. Montana Department of Transportation
neutral
2 sentences2014It notes that the cases cited by the Board and the District Court for this standard of review, specifically Hobble Diamond Ranch LLC v. State, 2012 MT 10 , 363 Mont. 310 , 268 P.3d 31 , and Johansen v. St. 2014It notes that the cases cited by the Board and the District Court for this standard of review, specifically Hobble Diamond Ranch LLC v. State, 2012 MT 10 , 363 Mont. 310 , 268 P.3d 31 , and Johansen v. St. | 2 | 2012–2014 |
Pennaco Energy, Inc. v. Montana Board of Environmental Review
green
2 sentences2014Rev., 2008 MT 425, ¶¶ 12-15 , 347 Mont. 415 , 199 P.3d 191 . ¶34 There is no authority to support Core-Mark’s argument that an administrative agency’s discretionary authority with regard to making, amending, or repealing rules is cabined when it chooses to utilize formal procedures to compile evidence and propose a decision, thereby rendering the arbitrary and capricious standard inapplicable. 2014Rev., 2008 MT 425, ¶¶ 12-15 , 347 Mont. 415 , 199 P.3d 191 . ¶34 There is no authority to support Core-Mark’s argument that an administrative agency’s discretionary authority with regard to making, amending, or repealing rules is cabined when it chooses to utilize formal procedures to compile evidence and propose a decision, thereby rendering the arbitrary and capricious standard inapplicable. | 1 | 2014–2014 |
Friends of the Wild Swan v. Department of Natural Resources & Conservation
green
2 sentences2012Although our review of agency decisions is narrow, we will not automatically defer to the agency ‘ “without carefully reviewing the record and satisfying [ourselves] that the agency has made a reasoned decision ....’” Friends of the Wild Swan v. Department of Natural Res. & Conservation, 2000 MT 209, ¶ 28 , 301 Mont. 1 , 6 P.3d 972 (quoting Marsh, 490 U.S. at 378 , 109 S. Ct. at 1861 ). 2012Although our review of agency decisions is narrow, we will not automatically defer to the agency ‘ “without carefully reviewing the record and satisfying [ourselves] that the agency has made a reasoned decision ....’” Friends of the Wild Swan v. Department of Natural Res. & Conservation, 2000 MT 209, ¶ 28 , 301 Mont. 1 , 6 P.3d 972 (quoting Marsh, 490 U.S. at 378 , 109 S. Ct. at 1861 ). | 1 | 2012–2012 |
Southwestern Bell Telephone Co. v. Apple
green
1 sentence2003Co. v. Apple, 309 F.3d 713 (10th Cir.2002) (collecting cases using the arbitrary-and-capricious standard); GTE South, Inc. v. Morrison, 199 F.3d 733, 745 (4th Cir.1999) (employing "substantial evidence” review). . | 1 | 2003–2003 |
Bellsouth Telecom. v. McImetro Access Trans.
green
1 sentence2003BellSouth Telecomms., Inc. v. MCI Metro Access Transmission Servs., Inc., 97 F.Supp.2d 1363, 1376 n. 10 (N.D.Ga.2000). . | 1 | 2003–2003 |
United States v. Carlo Bianchi & Co.
green
2 sentences2003After incorrectly asserting jurisdiction, I can hardly fault the district court for pulling the arbitrary-and-capricious standard out of thin air, giving only a "Cf.” citation to a Supreme Court case, United States v. Carlo Bianchi & Co., 373 U.S. 709 , 83 S.Ct. 1409 , 10 L.Ed.2d 652 (1963), that was about federal administrative law. 2003After incorrectly asserting jurisdiction, I can hardly fault the district court for pulling the arbitrary-and-capricious standard out of thin air, giving only a "Cf.” citation to a Supreme Court case, United States v. Carlo Bianchi & Co., 373 U.S. 709 , 83 S.Ct. 1409 , 10 L.Ed.2d 652 (1963), that was about federal administrative law. | 1 | 2003–2003 |
Langen v. Badlands Cooperative State Grazing Dist.
green
2 sentences1989Our decision in Langen v. Badlands Cooperative State Grazing District (1951), 125 Mont. 302, 308 , 234 P.2d 467, 470 , which is cited by Cenex, is relevant to both points: “The review by the district court is only for the purpose of determining the legal rights of the parties involved. 1989Our decision in Langen v. Badlands Cooperative State Grazing District (1951), 125 Mont. 302, 308 , 234 P.2d 467, 470 , which is cited by Cenex, is relevant to both points: “The review by the district court is only for the purpose of determining the legal rights of the parties involved. | 1 | 1989–1989 |
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.
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.