No. 22-1004

Kurt Garrison v. City of Ottawa, Kansas, et al.

Lower Court: Kansas
Docketed: 2023-04-14
Status: Denied
Type: Paid
Tags: constitutional-rights due-process equal-protection judicial-bias prejudice procedural-due-process professional-engineering right-to-trial-by-jury standard-of-review substantive-due-process
Latest Conference: 2023-06-15
Question Presented (from Petition)

1. Whether substantive due process applied by the
state district court when erroneously dismissing this
case with no evidentiary hearing, without discovery,
without disputed issues of material fact determined
by a jury denies Petitioner procedural due process
and right of trial by jury guaranteed under the Fifth,
Seventh and Fourteenth Amendments of the
Constitution of the United States, 1787 (CUSA).

2. Whether substantive due process applied by the
Kansas Court of Appeals when granting Respondents
arbitrary authority to require that Petitioner obtain
Professional Engineer (P.E.) design of residential
structures that are exempt under K.S.A. 74-7033
from P.E. design, denies Petitioner due process and
equal protection under the Fifth and Fourteenth
Amendments of the CUSA

3 Whether substantive due process applied by the
Kansas Court of Appeals when granting Respondents
arbitrary authority to require Petitioner only design
residential structures using the International
Residential Code (IRC) when the IRC specifically
allows the International Building Code (IBC) be used
for residential design denies Petitioner due process
and equal protection under the Fifth and Fourteenth
Amendments of the CUSA

4. Whether substantive due process applied by the
state district court and Kansas Court of Appeals
when not applying the correct standard of review and
not removing the trial judge for prejudice against
Petitioner proceeding without counsel, and bias in
favor of parties represented by counsel, denies
Petitioner due process and equal protection under
the Fifth and Fourteenth Amendments of the CUSA.

Question Presented (AI Summary)

Whether substantive due process was denied

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-07-15
2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-03-13

Attorneys

Kurt Garrison
Kurt C. Garrison — Petitioner