Petrella ex rel. N.P. v. Brownback
2012 U.S. App. LEXIS 21828
10th Cir.2012Background
- Kansas constitution requires legislature to provide suitable funding for education.
- Montoy I (2005) held the Act underfunded and had wealth-based disparities but no federal equal protection violation.
- Montoy II (2005) found the new legislation still inadequate and disparities worsened by local wealth differences.
- Montoy III (2006) deemed the current Act sufficient to be in substantial compliance with prior orders.
- The Act implemented a Base State Aid Per Pupil and adjustments via weighting factors; Local Effort and General State Aid schemes governed district funding.
- The Local Option Budget (LOB) cap and Supplemental General State Aid create wealth-based distribution patterns among districts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge LOB cap | Appellants allege injury from unequal treatment under the Act. | Appellants cannot show redressable injury without broader invalidation of the Act. | Appellants have standing; injury is redressable. |
| Redressability of the alleged injury | Merits relief could be obtained by invalidating the LOB cap or broader scheme. | Redressability depends on severability; cap alone may not redress. | Redressability shown; various forms of relief could remedy unequal treatment. |
| Severability and independent taxing authority | Severability could allow relief without invalidating entire Act. | Not necessary to reach severability at this stage; broader authority may be needed. | Severability and taxing authority not resolved; vacated for remand. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing requires injury, causation, redressability)
- Summers v. Earth Island Inst., 555 U.S. 488 (U.S. 2009) (pleading-stage injury may suffice)
- Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (U.S. 1995) (aggrieved need not prove would have received benefit but for barrier)
- Davis v. Michigan Dept. of Treasury, 489 U.S. 803 (U.S. 1989) (two remedies for equal protection injury; extension or withdrawal of benefits)
- Heckler v. Mathews, 465 U.S. 728 (U.S. 1984) (two remedial alternatives for equal protection violations)
- Local 514 Transp. Workers Union of Am. v. Keating, 358 F.3d 743 (10th Cir. 2004) (standing where remedy may include severability outcome)
- Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (U.S. 1978) (injury may be redressed without proving but-for eligibility)
- Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59 (U.S. 1978) (causation and redressability principles in standing)