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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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I found this : An agency action is arbitrary and capricious

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I found this :
An agency action is arbitrary and capricious if an agency 1) fails to use reasonable diligence to determine facts necessary to its decision, 2) fails to give proper consideration to facts relevant to the decision, or 3) bases its action on conclusions that reasonable persons considering the facts would not reach.
In this case what is it - what is the ost realted in this case?
Hello and thank you for the question. I am sorry to read of this dilemma.
Please rephrase the question. what do you mean by "cost realted"?
Customer: replied 4 years ago.

sorry i meant which one of the points it would fall potentially? The fact that the board approved those plans - would that consitutute


1?fails to use reasonable diligence to determine facts necessary to its decision - by not seeing that it will remove 2 parking spaces from the street?


 


Also neighbours came back to prostest on the board meeting and the board still found that its OK to proceed for the builder and OKed it - might that be considered:


fails to give proper consideration to facts relevant to the decision???


its technically not fact - its the action of neighbours?

From your recent queries and what what you mentioned here, all of them would apply and all of them would be grounds for a challenge. The key is crafting a factual list of items to support the accusation and the challenge.
INFOLAWYER and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Are there any studies or paper that ni a nutshell describe how to build a factual evidence and what is considered to be a fact vs speculation etc and how to present it in court. What kind of factual evidence would i need to link it ?


Exmaple - i claim that the plans as is were not considered by the board and the fact that board found that parking situation is OK is not based on fact:


Fafctual evidence in this case -> copy opf the construction plans that are presented by the builder to the township. There its visable that there will be a curb cut in place of the current parking.


 


Is that an appropraite factual evidence? Any idea of a queck summary of a quck guide of presenting factual e3vidence would be much apreciated.


 


Thanks

I am afraid I do not have access to such studies and frankly would not rely on them. Each case is different. You want to present specific examples dissecting the decision as inconsistent with the facts presented.
Customer: replied 4 years ago.
So not even an exmaple iof what would be a factual evidence and what would not be? Any same cases where factual evidence was presented? Any thing from law school lectures perhaps?
By factual evidence I am referring to documents and witness statements. A decision that ignores those pieces of evidence would trigger this analysis.
Customer: replied 4 years ago.

So, in my Examaple ->


i claim that the fact that 2 parking spaces is to be eliminated were not considered by the board and the fact that board found that parking situation is OK is not reasonalble and that evidence was ignored:




Factual evidence in this case(i think to rely upon) -> copy of the construction plans that are presented by the builder to the township. There its visable that there will be a curb cut in place of the current parking.


 


Is that strong factual evidence in this case or do you think its not? Its a document, not a experts testimony?



That would be the application along with any other evidence presented and disregarded in reaching their decision without regards to the facts on the ground, adverse effects and consequences on the community.

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