77-611.
Standing.
The following persons have standing to obtain judicial review of final or nonfinal agency action:
(a) A person to whom the agency action is specifically directed;
(b) a person who was a party to the agency proceedings that led to the agency action;
(c) if the challenged agency action is a rule and regulation, a person subject to that rule; or
(d) a person eligible for standing under another provision of law.
History:
L. 1984, ch. 338, § 11; July 1.
CASE ANNOTATIONS
1. Cited; judicial review unavailable where party fails to exhaust administrative remedies as required by K.S.A. 77-607, 77-612. W.S. Dickey Clay Mfg. Co. v. Kansas Corp. Comm'n, 241 Kan. 744, 750, 751, 740 P.2d 585 (1987).
2. Nonprofit organization has standing to seek judicial relief as a "person who was a party to the agency proceedings that led to the agency action". Families Against Corporate Takeover v. Mitchell, 268 Kan. 803, 1 P.3d 884 (2000).
3. Landfill permit; court discusses and applies "standing" test. Board of Sumner County Comm'rs v. Bremby, 38 Kan. App. 2d 557, 168 P.3d 1034 (2007).
4. Cited in discussion of standing; persons commenting during public hearing by agency meet KJRA standing requirements. Board of Sumner County Comm'rs v. Bremby, 286 Kan. 745, 749 to 753, 755 to 757, 759 to 761, 189 P.3d 494 (2008).
5. Phrase "entitled to obtain judicial review" discussed and applied. Kingsley v. Kansas Dept. of Revenue, 288 Kan. 390, 204 P.3d 562 (2009).
6. Pleading requirements under K.S.A. 77-614 discussed and applied in driver's license suspension proceeding. Rivera v. Kansas Dept. of Revenue, 41 Kan. App. 2d 949, 206 P.3d 891 (2009).
7. To establish statutory standing, the petitioner must satisfy the requirements for both the Kansas air quality act and Kansas judicial review act. Sierra Club v. Moser, 298 Kan. 22, 310 P.3d 360 (2013).
Bd. of Cnty. Commissioners v. Bremby, 189 P.3d 494 (Kan. 2008). · cites it 27דThe district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE’s permit was directed at Waste Connections, not the appellants.”
Bd. of Com'rs of Sumner Cnty. v. Bremby, 189 P.3d 494 (Kan. 2008). · cites it 27דThe district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE's permit was directed at Waste Connections, not the appellants.”
Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013). · cites it 8ד65-3008a(b) (standing requirements of KAQA); K.S.A. 77-611 (standing requirements of the KJRA); Board of Sumner County Comm’rs v.”
Hamlin v. Kansas Dep't of Revenue, 204 P.3d 562 (Kan. 2009). · cites it 2ד77-607(a) provides: “A person who qualifies under this act regarding (1) standing (K.S.A. 77-611), (2) exhaustion of administrative remedies (K.”
Bd. of Cnty. Commissioners v. Bremby, 168 P.3d 1034 (Kan. Ct. App. 2007). · cites it 15ד77-501 et seq., the petitioners could not have been “parties” to the proceedings.”
Cochran v. State, 249 P.3d 434 (Kan. 2011). · cites it 4ד82a-717a; K.S.A. 77-611. Before determining whether the Cochrans *441 have standing under traditional standards governing standing in this state, this court must consider whether the Cochrans meet the standing requirements of the KWAA and KJRA.”
Creecy v. Kansas Dept. of Revenue, 447 P.3d 959 (Kan. 2019). “77-611 provides: "The following persons have standing to obtain judicial review of final or nonfinal agency action: "(a) A person to whom the agency action is specifically directed; "(b) a person who was a party to the agency proceedings that led to the agency action; "(c) if…”
Families Against Corp. Takeover v. Mitchell, 1 P.3d 884 (Kan. 2000). · cites it 5דStanding under the KJRA is controlled by K.S.A. 77-611, which provides: “The following persons shall have standing to obtain judicial review of final or nonfinal agency action: (a) A person to whom the agency action is specifically directed; (b) a person who was a party to the…”
W. S. Dickey Clay Mfg. Co. v. State Corp. Comm'n, 740 P.2d 585 (Kan. 1987). · cites it 4ד77-607 addresses persons entitled to review and requires they qualify by (1) having standing (K.S.A. 77-611), (2) having exhausted their administrative remedies (K.”
Rebel v. Kansas Dep't of Revenue, 204 P.3d 551 (Kan. 2009). “regarding (1) standing (K.S.A. 77-611), (2) exhaustion of administrative remedies (K.”
Hoylake Investments Ltd. v. Bell, 723 F. Supp. 576 (D. Kan. 1989). · cites it 2דK.S.A. §§ 77-611 to -613. 2 . For a background on the purpose for the creation of state insurance holding companies acts, see Note, State Insurance Takeover Acts: A Constitutional Analysis After Edgar v.”
Rivera v. Kansas Dep't of Revenue, 206 P.3d 891 (Kan. Ct. App. 2009). “To strictly *953 comply with this subsection, the petitioner must plead specific facts establishing that (1) the petitioner has standing to file the petition pursuant to K.S.A. 77-611; (2) the petitioner has exhausted all available administrative remedies pursuant to K.”
Bd. of Cnty. Commissioners v. Bremby, 189 P.3d 494 (Kan. 2008). “The district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE’s permit was directed at Waste Connections, not the appellants.”
Bd. of Com'rs of Sumner Cnty. v. Bremby, 189 P.3d 494 (Kan. 2008). “The district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE's permit was directed at Waste Connections, not the appellants.”
— K.S.A. § 77-611(b) — 9 cases
Bd. of Cnty. Commissioners v. Bremby, 189 P.3d 494 (Kan. 2008). “The district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE’s permit was directed at Waste Connections, not the appellants.”
Bd. of Com'rs of Sumner Cnty. v. Bremby, 189 P.3d 494 (Kan. 2008). “The district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE's permit was directed at Waste Connections, not the appellants.”
Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013). “65-3008a(b) (standing requirements of KAQA); K.S.A. 77-611 (standing requirements of the KJRA); Board of Sumner County Comm’rs v.”
Bd. of Cnty. Commissioners v. Bremby, 168 P.3d 1034 (Kan. Ct. App. 2007). “77-501 et seq., the petitioners could not have been “parties” to the proceedings.”
Families Against Corp. Takeover v. Mitchell, 1 P.3d 884 (Kan. 2000). “Standing under the KJRA is controlled by K.S.A. 77-611, which provides: “The following persons shall have standing to obtain judicial review of final or nonfinal agency action: (a) A person to whom the agency action is specifically directed; (b) a person who was a party to the…”
— K.S.A. § 77-611(c) — 1 case
W. S. Dickey Clay Mfg. Co. v. State Corp. Comm'n, 740 P.2d 585 (Kan. 1987). “77-607 addresses persons entitled to review and requires they qualify by (1) having standing (K.S.A. 77-611), (2) having exhausted their administrative remedies (K.”
— K.S.A. § 77-611(d) — 3 cases
Bd. of Cnty. Commissioners v. Bremby, 189 P.3d 494 (Kan. 2008). “The district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE’s permit was directed at Waste Connections, not the appellants.”
Bd. of Com'rs of Sumner Cnty. v. Bremby, 189 P.3d 494 (Kan. 2008). “The district court granted the motion to dismiss based upon its conclusion that appellants lacked standing under K.S.A. 77-611. According to the court, the KDHE's permit was directed at Waste Connections, not the appellants.”
Bd. of Cnty. Commissioners v. Bremby, 168 P.3d 1034 (Kan. Ct. App. 2007). “77-501 et seq., the petitioners could not have been “parties” to the proceedings.”
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