State of West Virginia v. Joseph William Howell, Jr.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying arbitrary and capricious standard to review of conservation commission’s denial of order of conditions
• “The criteria [the conservation commission] applied were devised for the occasion, rather than of uniform applicability. Thus flawed, the commission’s decision was arbitrary”
• by applying bylaw to buffer zone to which it did not directly apply, town violated principles of \uniformity of standards and enforcement\
• court examines whether decision was authorized by governing law in light of the facts
• “[i]f the agency has acted for reasons that are extraneous to the prescriptions of the regulatory scheme, but are related, rather, to an ad hoc agenda, then that agency has acted arbitrarily”
• “[i]f the agency has acted for reasons that are extraneous to the prescriptions of the regulatory scheme, but are related, rather, to an ad hoc agenda, then that agency has acted arbitrarily”

Source: CourtListener parenthetical corpus (CC0).