Legal Opinion

Schaake v. City of Lawrence

Court of Appeals of Kansas

Decided May 7, 2021No. 122515PublishedCited by 1 opinion

1Opinion of the Court

No. 122,515 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JAMES KURT SCHAAKE, Trustee of the Donald Dean Schaake Revocable Trust, Appellant, v. CITY OF LAWRENCE, KANSAS, Appellee. SYLLABUS BY THE COURT 1. If a party lacks standing to challenge an action or to request a particular type of relief, then there is no justifiable case or controversy and the suit must be dismissed. 2. When a party who does not have standing to file suit nevertheless asks for relief, it is tantamount to a request for an advisory opinion. Advisory opinions are an executive, not a judicial, power. 3. Generally, our…

2Cases cited25 opinions

  1. Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
  2. State Ex Rel. Morrison v. SebeliusSupreme Court of Kansas · 2008
  3. Babe Houser Motor Co. v. TetreaultSupreme Court of Kansas · 2000
  4. Board of County Commissioners v. BrembySupreme Court of Kansas · 2008
  5. In re Adoption of T.M.M.H. – Per CuriamSupreme Court of Kansas · 2018

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3Cited by1 opinion

  1. Locher & Davis, PLC v. Ruth F. Woller Revocable TrustCourt of Appeals of Iowa · 2024

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