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Is it Arbitrary and Capricious?


“Arbitrary” and “capricious” are legal terms often used in administrative law to challenge government actions. They are meant to imply that a decision lacks a reasonable basis or is made without properly considering relevant factors. It suggests that the decision is not based on sound judgment.

 

In various contexts, such as legal proceedings or administrative actions, this claim may prompt a review or challenge to ensure fairness and adherence to established legal standards.

 

With this in mind, it’s important for municipalities to have trusted legal counsel to help guide elected officials through the often complicated legal issues that can arise when someone challenges an official action of the board. As has often been said: "The road to hell is paved with good intentions." In other words, having strong convictions and good intentions are not enough when it comes to defending yourself against legal challenges.  

Keystone Municipal Services is unique in that it has an experienced and well-respected law firm associated with the firm. This is extremely important for the municipalities to consider when utilizing professional services. Having outside legal counsel, in addition to your solicitor, helps provide additional protection from and during legal challenges. And with KMS, its affiliation with McNees Wallace & Nurick law firm brings a comprehensive set of solutions to municipalities – all under one roof.

 

So, I’d encourage you to take steps now to protect yourself and your community from legal pitfalls. Hire professionals with solid legal experience, and remember to "fire this thing up," and pave your roads with asphalt and not with good intentions.

 

 About the Author

David L. Anthony is a member of the Keystone Municipal Solutions team of experts. He is a veteran of municipal government, having served more than 33 years in various positions of public service. Contact him at david@keystonemunicipalsolutions.com. To learn more about David and the Keystone Municipal Solutions team, click here.

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