Kurt Garrison v. City of Ottawa, Kansas, et al.
AdministrativeLaw DueProcess
Whether substantive due process was denied
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 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 . it ; . 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.