K.S.A. § 77-614

Petition; filing and contents; responsive pleading, filing and service

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

77-614. Petition; filing and contents; responsive pleading, filing and service. (a) A petition for judicial review shall be filed with the clerk of the court.

(b) A petition for judicial review shall set forth:

(1) The name and mailing address of the petitioner;

(2) the name and mailing address of the agency whose action is at issue;

(3) identification of the agency action at issue, together with a duplicate copy, summary or brief description of the agency action;

(4) identification of persons who were parties in any adjudicative proceedings that led to the agency action;

(5) facts to demonstrate that the petitioner is entitled to obtain judicial review;

(6) the petitioner's reasons for believing that relief should be granted; and

(7) a request for relief, specifying the type and extent of relief requested.

(c) Failure to include some of the information listed in subsection (b) in the initial petition does not deprive the reviewing court of jurisdiction over the appeal. Leave to supplement the petition with omitted information required by subsection (b) shall be freely given when justice so requires.

(d) Within 30 days after service on the agency or notice to other parties of the petition as provided in K.S.A. 77-615, and amendments thereto, a party to judicial review proceedings may file an answer or other responsive pleading and shall serve a copy of any such answer or pleading in the manner provided by subsection (e) of K.S.A. 77-613, and amendments thereto, upon all parties to the proceedings.

(e) In any method of serving process, substantial compliance shall effect valid service of process if the court finds that, notwithstanding some irregularity or omission, the party served was made aware that the petition or appeal had been filed.

History: L. 1984, ch. 338, § 14; L. 1986, ch. 318, § 7; L. 1995, ch. 175, § 11; L. 2009, ch. 109, § 26; July 1.

Notes of Decisions

Cited in 30 cases (5 in the last 5 years), 1995–2025 · leading case: Hamlin v. Kansas Department of Revenue

Sort: Relevance Newest Treatment

Hamlin v. Kansas Department of Revenue (2009) kan · cites it 50× “at 773-74, 786-87 (strict compliance with the pleading requirements of K.S.A. 77-614[b] is necessary before a court may exercise jurisdiction over a petition for judicial review); Jones v.”

Bruch v. Kansas Department of Revenue (2006) kan · cites it 35× “8-259 because the petition for review failed to meet the requirements of K.S.A. 77-614. In support of this argument, Bruch raises two issues: (1) the trial court misapplied the KJRA and corresponding case law because it failed to acknowledge that the de novo review provisions…”

Rebel v. Kansas Department of Revenue (2009) kan · cites it 25× “at 773-74, 785-87 (strict compliance with the pleading requirements of *423 K.S.A. 77-614[b] is necessaiy before a court may exercise jurisdiction over a petition for judicial review).”

Karns v. Kansas State Board of Agriculture (1996) kanctapp · cites it 23× “The requirements for a petition for judicial review under the KJRA are contained at K.S.A. 1995 Supp. 77-614: "(a) A petition for judicial review shall be filed with the clerk of the court.”

Pittsburg State University v. Kansas Board of Regents (2001) kanctapp · cites it 11× “Although K.S.A. 77-614 sets forth the pleading requirements, that statute, or any other provision of the KJRA, does not require a case caption.”

Kuenstler v. Kansas Department of Revenue (2008) kanctapp · cites it 40× “We agree with the trial court that a petition in compliance with K.S.A. 77-614 must be filed within the statutory time period to give the trial court subject matter jurisdiction.”

Pieren-Abbott v. Kansas Department of Revenue (2005) kan · cites it 4× “77-613, K.S.A. 77-614, andK.S.A. 77-615 because none of these statutes require a summons.”

Swank v. Kansas Department of Revenue (2012) kan · cites it 5× “77-6I4[b] to assist people *878 in filing appeals from administrative actions, to facilitate judicial task by serving notice upon opposing parties, reviewing court of issues to be addressed, relevant facts).”

University of Kansas v. Department of Human Resources (1995) kanctapp · cites it 5× “77-614(b) states in pertinent part: “A petition for judicial review shall set forth ... (6) the petitioner’s reasons for believing that relief should be granted; and (7) a request for relief, specifying the type and extent of relief requested.”

Rosendahl v. Kansas Dept. of Revenue (2019) kan · cites it 2× “) K.S.A. 2018 Supp. 77-614(b)(6). "'In other words, a petition for judicial review must set forth the specific issues that will be raised before the district court.”

White v. Kansas Department of Revenue (2006) kanctapp · cites it 18× “In the consolidated appeal, appellants make two arguments, which we will rephrase as follows: (1) in finding that strict compliance with the pleading requirements of K.S.A. 77-614 is jurisdictional, the district court misapplied the Kansas Act for Judicial Review and Civil…”

In Re Fleet for Relief From a Tax Grievance (2012) kan “77-607(defining persons entitled to judicial review); K.S.A. 77-614 (contents of petition). An additional oddity in the lower court proceedings occurred on the same day the County filed its brief on the merits because the County simultaneously issued new “corrected” tax orders…”

Show all 30 citing cases →

— K.S.A. § 77-614(b) — 16 cases

Bruch v. Kansas Department of Revenue (2006) kan “8-259 because the petition for review failed to meet the requirements of K.S.A. 77-614. In support of this argument, Bruch raises two issues: (1) the trial court misapplied the KJRA and corresponding case law because it failed to acknowledge that the de novo review provisions…”

Hamlin v. Kansas Department of Revenue (2009) kan “at 773-74, 786-87 (strict compliance with the pleading requirements of K.S.A. 77-614[b] is necessary before a court may exercise jurisdiction over a petition for judicial review); Jones v.”

Kuenstler v. Kansas Department of Revenue (2008) kanctapp “We agree with the trial court that a petition in compliance with K.S.A. 77-614 must be filed within the statutory time period to give the trial court subject matter jurisdiction.”

Pittsburg State University v. Kansas Board of Regents (2001) kanctapp “Although K.S.A. 77-614 sets forth the pleading requirements, that statute, or any other provision of the KJRA, does not require a case caption.”

Karns v. Kansas State Board of Agriculture (1996) kanctapp “The requirements for a petition for judicial review under the KJRA are contained at K.S.A. 1995 Supp. 77-614: "(a) A petition for judicial review shall be filed with the clerk of the court.”

— K.S.A. § 77-614(b)(1) — 1 case

Travelers Cas. Insurance v. Karns (2021) kanctapp

— K.S.A. § 77-614(b)(2) — 1 case

— K.S.A. § 77-614(b)(5) — 8 cases

Rebel v. Kansas Department of Revenue (2009) kan “at 773-74, 785-87 (strict compliance with the pleading requirements of *423 K.S.A. 77-614[b] is necessaiy before a court may exercise jurisdiction over a petition for judicial review).”

— K.S.A. § 77-614(b)(6) — 8 cases

Swank v. Kansas Department of Revenue (2012) kan “77-6I4[b] to assist people *878 in filing appeals from administrative actions, to facilitate judicial task by serving notice upon opposing parties, reviewing court of issues to be addressed, relevant facts).”

Rosendahl v. Kansas Dept. of Revenue (2019) kan “) K.S.A. 2018 Supp. 77-614(b)(6). "'In other words, a petition for judicial review must set forth the specific issues that will be raised before the district court.”

— K.S.A. § 77-614(b)(l) — 1 case

White v. Kansas Department of Revenue (2006) kanctapp “In the consolidated appeal, appellants make two arguments, which we will rephrase as follows: (1) in finding that strict compliance with the pleading requirements of K.S.A. 77-614 is jurisdictional, the district court misapplied the Kansas Act for Judicial Review and Civil…”

— K.S.A. § 77-614(c) — 6 cases

Muir v. Kansas Health Policy Authority (2014) kanctapp

Baker v. McCormick (2016) kanctapp

Pieren-Abbott v. Kansas Department of Revenue (2004) kanctapp

Via Christi Hospitals Wichita v. Kan-Pak (2019) kan

— K.S.A. § 77-614(e) — 1 case

Community Health Center of Southeast of Kansas, Inc. v. Kansas Dept. of Labor (2024) kanctapp

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.