The church has sued the county under a federal land-use law enacted by Congress and signed by Bill Clinton in 2000 to protect religious organizations from capricious or discriminatory zoning restrictions by local governments.
They've also enacted capricious and harsh travel restrictions.
These concerns were voiced by Justice Milton A. Tingling of State Supreme Court in March, when he struck down the soda ban a day before it was scheduled to go into effect, calling the restrictions "arbitrary and capricious" and an overreach of the Board of Health's power.
They claim the restrictions are "unlawful, arbitrary, capricious, an abuse of discretion, and not otherwise in accordance with law".
The critical constitutional inquiry, rather, is whether the zoning restriction produces arbitrary or capricious results.
Such a restriction would not only be capricious, but also eminently unfair.
A day before New York CIty's unprecedented soda ban was set to begin, Reuters reports a judge has rejected the restrictions, calling the initiative "arbitrary and capricious". Since its inception, the controversial plan, spearheaded by Mayor Michael Bloomberg, has been criticized by the beverage industry and small businesses.
He concluded that the administration had not made its decisions based on scientific guidelines, and that its refusal to lift restrictions on access to the pill, Plan B One-Step, was "arbitrary, capricious and unreasonable".
"The big picture is that the court believes that media restrictions are generally an abridgment of free speech and are arbitrary and capricious," said Scott Cleland, chief executive of the Precursor Group, a research company in Washington.
Reports from these areas over the last two decades, however, indicate that militarization, or the presence of the armed actors, even in the absence of armed clashes can result in human rights violations, including forced labour, capricious taxation, and land grabbing; arbitrary arrest, detention and execution; forced relocation and movement restrictions; and sexual violence [ 7– 9].
In 2001, Judge Michael R. Hogan of Federal District Court in Oregon said that practice was "arbitrary and capricious," ruling in a lawsuit brought by a coalition of property owners unhappy with building restrictions mandated by the act.
