Supreme Court Report

Supreme Court of the United States · Official docket →

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

Paid petition · Court of Appeals of Kansas, No. 124,309 · judgment August 12, 2022


Certiorari denied · June 20, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  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

  3. 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

Counsel of record

For petitioner
Kurt C. Garrison

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 21 2023
    Rehearing DENIED.
  2. Jul 27 2023
    DISTRIBUTED.
  3. Jul 15 2023
  4. Jun 20 2023
    Petition DENIED.
  5. May 30 2023
    DISTRIBUTED for Conference of 6/15/2023.
  6. Mar 13 2023
    Petition for a writ of certiorari filed. (Response due May 15, 2023)