Legal Opinion

Petrella ex rel. N.P. v. Brownback

Court of Appeals for the Tenth Circuit

Decided October 18, 2012No. 11-3098PublishedCited by 64 opinions

1Opinion of the Court

EBEL, Circuit Judge.

In this litigation, Appellants, plaintiffs below, brought an action under 42 U.S.C. § 1983, challenging the statutory scheme by which the state of Kansas funds its public schools. The district court dismissed their suit for lack of standing. Exercising jurisdiction under 28 U.S.C. § 1291, we conclude that the Appellants have standing because their alleged injury — unequal treatment by the state— would be redressed by a favorable decision. Accordingly, we REVERSE.

I. BACKGROUND

A. Kansas School District Finance and Quality Performance Act

The Kansas Constitution requires the…

2Cases cited28 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Summers v. Earth Island InstituteSupreme Court of the United States · 2009
  4. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  5. Regents of the University of California v. BakkeSupreme Court of the United States · 1978

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3Cited by64 opinions

  1. United States v. Supreme Court of New MexicoCourt of Appeals for the Tenth Circuit · 2016
  2. Santa Fe Alliance v. City of Santa FeCourt of Appeals for the Tenth Circuit · 2021
  3. Bishop v. SmithCourt of Appeals for the Tenth Circuit · 2014
  4. Cressman v. ThompsonCourt of Appeals for the Tenth Circuit · 2013
  5. Citizen Center v. GesslerCourt of Appeals for the Tenth Circuit · 2014

59 more not listed; retrieve them via the Exa API.

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