What is the test for determining whether a decision by an administrative board is an abuse of discretion?
California, United States of America
The following excerpt is from City of Mali v. Kent, B267162 (Cal. App. 2017):
the exercise of discretion in a particular manner . . . [it] will lie to correct abuses of discretion. . . ." [Citation.] In determining whether an abuse of discretion has occurred, a court may not substitute its judgment for that of the administrative board [citation], and if reasonable minds may disagree as to the wisdom of the board's action, its determination must be upheld [citation].' [Citations.] A decision is an abuse of discretion only if it is 'arbitrary, capricious, entirely lacking in evidentiary support, unlawful, or procedurally unfair.' [Citation.]" (Mooney v. Garcia (2012) 207 Cal.App.4th 229, 235.)
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