vested rights analysis (Kansas) · Go Syfert
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vested rights analysis in Kansas

6 Kansas opinions name it 2 courts 1995–2018 0 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Phillips v. Curialegreen
nj · 1992 · cited in 3 Kansas opinions naming this issue, 1995–2009
2 sentences

2009See Phillips v. Curiale, 128 N.J. 608, 621 , 608 A.2d 895 (1992) (“ ‘[Discerning commentators and judges’ have questioned the value of vested rights analysis.”); Peterson v. City of Minneapolis, 285 Minn. 282, 287 , 173 N.W.2d 353 (1969) (“[Rjetroactive laws are usually upheld as long as they do not interfere with vested legal rights.

2009See Phillips v. Curiale, 128 N.J. 608, 621 , 608 A.2d 895 (1992) (“ ‘[Discerning commentators and judges’ have questioned the value of vested rights analysis.”); Peterson v. City of Minneapolis, 285 Minn. 282, 287 , 173 N.W.2d 353 (1969) (“[Rjetroactive laws are usually upheld as long as they do not interfere with vested legal rights.

33
Resolution Trust Corp. v. Fleischergreen
kan · 1995 · cited in 3 Kansas opinions naming this issue, 2011–2018
2 sentences

2018We combine our discussion of Scribner's and McNemee's vested rights and due process theories because "the vested rights analysis is inseparable from the ultimate due process inquiry." Brennan v. Kansas Insurance Guaranty Ass'n, 293 Kan. 446 , 460, 264 P.3d 102 (2011) ; Resolution Trust Corp. v. Fleischer , 257 Kan. 360 , 365, 892 P.2d 497 (1995).

2018We combine our discussion of Scribner's and McNemee's vested rights and due process theories because "the vested rights analysis is inseparable from the ultimate due process inquiry." Brennan v. Kansas Insurance Guaranty Ass'n, 293 Kan. 446 , 460, 264 P.3d 102 (2011) ; Resolution Trust Corp. v. Fleischer , 257 Kan. 360 , 365, 892 P.2d 497 (1995).

23
Peterson v. City of Minneapolisgreen
minn · 1969 · cited in 3 Kansas opinions naming this issue, 1995–2009
2 sentences

2009See Phillips v. Curiale, 128 N.J. 608, 621 , 608 A.2d 895 (1992) (“ ‘[Discerning commentators and judges’ have questioned the value of vested rights analysis.”); Peterson v. City of Minneapolis, 285 Minn. 282, 287 , 173 N.W.2d 353 (1969) (“[Rjetroactive laws are usually upheld as long as they do not interfere with vested legal rights.

2009See Phillips v. Curiale, 128 N.J. 608, 621 , 608 A.2d 895 (1992) (“ ‘[Discerning commentators and judges’ have questioned the value of vested rights analysis.”); Peterson v. City of Minneapolis, 285 Minn. 282, 287 , 173 N.W.2d 353 (1969) (“[Rjetroactive laws are usually upheld as long as they do not interfere with vested legal rights.

23
City of Winter Haven v. Allengreen
fladistctapp · 1989 · cited in 1 Kansas opinions naming this issue, 1995–1995
1 sentence

1995We note that a Florida intermediate court has since observed that neither Clausell’s vested-rights holding, nor the cases it cites are “authority for the proposition that a state, once a cause of action has accrued and suit commenced, may abolish or diminish the claimant’s right to be fully compensated for the damages incurred.” City of Winter Haven v. Allen, 541 So. 2d 128, 132 (Fla. Dist.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Owen Lumber Co. v. Chartrand green
kan · 2003
2 sentences

2011The first factor (the nature of the right) must be balanced against the others, including how the right was affected, whether a substitute remedy was provided, and the public interest furthered by the legislation. 276 Kan. at 227 , 73 P.3d 753 .

2011The first factor (the nature of the right) must be balanced against the others, including how the right was affected, whether a substitute remedy was provided, and the public interest furthered by the legislation. 276 Kan. at 227 , 73 P.3d 753 .

22011–2011
Brennan v. Kansas Insurance Guaranty Ass'n green
kan · 2011
1 sentence

2018We combine our discussion of Scribner's and McNemee's vested rights and due process theories because "the vested rights analysis is inseparable from the ultimate due process inquiry." Brennan v. Kansas Insurance Guaranty Ass'n, 293 Kan. 446 , 460, 264 P.3d 102 (2011) ; Resolution Trust Corp. v. Fleischer , 257 Kan. 360 , 365, 892 P.2d 497 (1995).

12018–2018
Brennan v. KANSAS INS. GUAR. ASS'N green
kan · 2011
1 sentence

2018We combine our discussion of Scribner's and McNemee's vested rights and due process theories because "the vested rights analysis is inseparable from the ultimate due process inquiry." Brennan v. Kansas Insurance Guaranty Ass'n, 293 Kan. 446 , 460, 264 P.3d 102 (2011) ; Resolution Trust Corp. v. Fleischer , 257 Kan. 360 , 365, 892 P.2d 497 (1995).

12018–2018
Clausell v. Hobart Corp. green
fla · 1987
1 sentence

1995In Clausell, 515 So. 2d at 1276 , the focus of the vested-rights inquiry was upon the retroactivity of a judicial decision, not a statute.

11995–1995

Where else courts name it

WA 79 (1978–2025) CA 47 (1975–2026) IL 35 (1968–2021) NY 23 (1963–2026) PA 21 (1979–2026) ME 16 (2020–2025) TX 14 (2006–2021) VT 12 (1991–2026) MD 12 (1993–2024) OR 10 (2007–2019) NC 9 (1997–2025) DE 7 (2015–2022) NM 7 (1995–2010) MN 6 (1980–2016) KS 6 (1995–2018) NJ 5 (1993–2020) OH 5 (1990–2014) VA 4 (1996–2024) SD 3 (1992–2022) IA 3 (2009–2026) AK 3 (1968–1994) WI 3 (1995–2017) FL 3 (1967–2016) TN 3 (1995–2024) LA 2 (1970–2013) UT 2 (2005–2020) CT 2 (1986–2015) NV 2 (1984–1996) NH 2 (1980–1995) MI 2 (1977–1982) IN 2 (2007–2016) HI 2 (1982–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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